kanwar Lal
03 January 2009 at 19:32
customer filed suit for permanent injunction for restraining the defendents not to repossed the vehicle forcibally and illegally. company filed section 8 application of arbitration act before the court for transfering the dispute between them to the arbitrator because there are arbitration clause in the loan agreement. court dismissed the application. can company go for revision to HIGH COURT Is it maintable.
Swaroop
03 January 2009 at 00:25
I had approached a compnany's office in Bangalore for requiremnt of a product.
The officer in the company informed me of the availability of the product.
The officer also informed me that the product will not be sold to a customer directly from the company's office but it will have to be purchased from their dealer.
Therefore the officer informed that I will be contacted by their dealer.
After that their dealer contacted me and sold the product and provided a service of fixing the same.
But now as there is a defeciency in the product and service sold, I informed the dealer and the company and demanded for a replacement of the same.
The authorised dealer refused and when I approached the company the Manager has sent me an e-mail stating that the product was purchased from a dealer who was not the company's authorised dealer and refused do do anykind of service.
But the dealer has clearly printed in the Bill that he is the authorised dealer for the company and has mentioned the company's name.
Now the service was provided by this dealer who was referred by the officer in the company as their authorised dealer.
Since the manager has refused the validity of the dealer but the dealer has claimed that he is one of the authorised dealer of the company on whom should I take action for deficiency in the product and service provided.
Also both are lying as one has printed in the bill as an authorised delaer but as there is a problem now the company is refusing the same.
Kindly confirm what can be done in this situation,
1)on whom to file a complaint in the consumer court?
2)Does this also indicate cheating and misleading consumers?
3)Can I simultaneously file a criminal case?
4)what is the immediate action to be taken after sending them a notice of 15 days?
kumar sachin
03 January 2009 at 00:03
what is benami transaction and benami property
KAMARAJ BHARATHY G
02 January 2009 at 11:13
Dear Sir,
My muslim clients' father has executed a power of attorny (for house) in 2000 in favour his one another daugter, who is sister of my clients. Thereafter clients father has expired in 2004. Then the power of attory has sold the property in 2008. My clients raising the share in the house property. My query is whether the power of attorny holder can sell in 2008 while the principal expired in 2004 and the power is valied?
Is any different in share between the daughters and sons in muslim law of a deseased father inta state( without making of will) If yes kindly give the ratio detais between daughters and sons
SUNDEEP
02 January 2009 at 10:57
To all Happy New Year
I was working with a company with whom at the time of joining I have signed an agreement on company letter head where one clause was that in case of dispute the arbitrator shall be appointed by the chairman of the company. Later on teh company has broke teh agreement signed tehrefore I also quit the company. Now the company is allegating me for broking he agreement. When I refused to pay for the compensation the company suo moto has appointed an arbitrator. I dont know what is the fees amount to be paid or what is the agreement with the company for such appointment. Now I have received a letter from the arbitrator that the 50% of the arbitrator has to be paid by me.
My stand is that the appointment of arbitrator is without my knowledge. The only letter recieved by me was that when the arbitrator has already been appointed. Also I dont know the fee to be paid to arbitrator. So how can i be made responsible for paying cost of arbitration.
Is thia true that the party seeking arbitration has to pay the cost of arbitration. There was no such clause in joining agreement as to cost of arbiration, i.e. who will bear the cost.
Can any body suggest me or the reference to act or relevant case law or section applicable to such situation.
I will wait for reply.
Thanks
Mohamed Ali
02 January 2009 at 10:48
A Sunni hanafi Muslim partition suit was decreed, and brother and sisters were entitle for some share as per decree...
Before the application for Final decree proceedings is filed all the decree holders died,
Hence in one daughters case who was also a decree holder, died before Final decree proceedings application filed, Her LR's were brought on record in still pending Final decree proceedings,
She had 1 son and 2 daughters, where as the Son has predeceased her with 3 childrens, As Orphaned grandchildren are not enttile for any share as per Muslim law,they are not enttile for any share share but my mistake they were brought on record while filing Ffor Final decree proceedings which is still pending,
Question :- Can these LR's of decree holder(ie orphaned grandchildren) can be striked out from record in pending Final decre proceedings itself or we have to file a seperate suite after Final decree proceedings. we have objected thru a Interlocutary application in pending final decree proceedings to delete these LR's..
shivakumarbs
30 December 2008 at 11:35
Dear experts I had already asked this query to which some of u needed some clarification.
I am Hindu By religion .My mother executed a sale deed for 2 sites in my Favour around 9 years Back which were in her name.Now my elder Brother is asking for a share in these sites and has filed a partition suit against me and my mother and my father.(He was not living with us then and even have married a christian girl and have changed his name)Now my mother due to some differences with my wife is supporting my brother being a defendent herself. what will be the outcome of the case.
Swaroop
29 December 2008 at 14:52
FIRSTLY I WOULD LIKE TO INRODUCE MY SELF AS COMSUMER.
I HAD SENT A NOTICE TO A WATER PROOFING COMPANY AND THEIR AUTHORISED DEALER FOR THE DEFICIENCY IN MATERIAL AND SERVICE PROVIDED.
THIS AUTHORISED DEALER WAS INTRODUCED TO ME BY THEIR COMPANY OFFICER.
AFTER SENDING THE NOTICE I HAVE RECEIVED A REPLY FROM THE COMPANY CLAIMING THAT THE DEALER FROM WHOM THE MATERIAL WAS PURCHASED WAS NOT THEIR AUTHORISED DEALER AND THAT MY CLAIM OF THE SAME IS FALSE.
BUT THE SHOPKEEPER OR DEALER HAS CLEARLY MENTIONED IN THE CASH INVOICE THAT HE IS THE AUTHORISED DEALER FOR THEIR COMPANY'S PRODUCTS.
BUT THE SAME IS NOT ACCEPTED BY THE COMPANY. HOW WOULD THIS BE USEFUL TO ME TO FILE A COMPALAINT IN THE CONSUMER COURT AGAINST THE COMPNAY AND THE DEALER.
UNDER WHAT CIRCUMSTANCES CAN I HOLD THEM RESPOSIBLE BECAUSE THEY ARE MISLEADING THE CONSUMERS LIKE ME.
CAN I ALSO FILE A CRIMINAL CASE FOR CHEATING?
KINDLY CONFIRM.
Swaroop
27 December 2008 at 16:23
IS IT A HARD AND FAST RULE THAT A NOTICE,
A ORDINARY OR A LEGAL NOTICE SHOULD BE SENT ONLY THROUGH A REGISTERED POST OR CAN ONE SEND IT THROUGH A COURIER AND KEEP THE (POD)PROOF OF DELIVERY AS THE PRROF.KINDLY CONFIRM.
REGARDS
SWAROOP
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
what is the effect of amendment
Dear friends, Happy New Year-09.
I am appearing for the plaintiff. Originally the suit is filed for grant of bare permanent injunction in the year 2006. As the defendant in the suit denied my client's title, I have filed an application for amendment of plaint for incorporation of the relief of declaration of title and the same is allowed. However, the court is insisting me to pay the court fee on the relief of declaration of title as per the market value of the property, as existing to-day i.e., December-2008 i.e., date of amendment, which would be costing me heavily. I am contending that, since amendment relates back to the date of filing of the suit and as such I am liable to pay the court fee taking into consideration the market value existed in the year 2006. Now the matter stands for hearing on Monday i.e., 5-1-2009. Please advise and help me with the decided cases, if any, by the Hon'ble Supreme Court and other High Courts. Matter is most urgent.
Thanx in advance,