rajan chopra
22 March 2015 at 01:27
SIR I AS A DEFENDANT IN A SUIT FOR RECOVERY OF MONEY WANTS TO PRODUCE A DOCUMENT AT THE STAGE OF ARGUMENTS.UNDER WHICH ORDER AND RULE I CAN APPLY TO COURT?
Natasha Prakash Bankeshwar
21 March 2015 at 19:02
Respected Sirs,
Am a member of a Co-op. Hsg. Society at Mumbai and have submitted a complaint application dated 17.08.2013 under bye-law 173 to the Secretary about internal and external leakages in my flat and non maintenance of the Society's property. The Committee neither took any decision nor communicated its decision on the said complaint application. Severe damage was caused to my flat due to the said leakages as the Secretary and the Committee did not exercise the powers and discharge the duties and functions as laid down under the Bye-Laws and neglected and failed to carry out the repairs and maintenance of the Society's property and maintain its quality in good condition. Later, I was told that the necessary repairs were carried out by the concerned members holding the flats above my flat and that the said internal leakages had been stopped and that necessary repairs of external walls of my flat to stop external leakages due to rain water would also be carried out before the commencement of monsoons and that I could, therefore, carry out internal repairs (major) in my flat. Thus, I carried out the repairs incurring heavy expenditure of Rs. 136500/- towards rectification of the said damage. I have the Contractor's Bill cum Cash Receipt (on his letterhead) in support of the said amount spent by me.
Shockingly and unfortunately, internal leakages and severe dripping of water were again found in my Flat within a week from the date of completion of the repairs / renovation work. Thus, the said internal leakages and dripping of water continue to cause damage to my newly repaired / renovated Flat. The Committee, in fact, gave me false information and false assurance that necessary repairs to stop the internal leakages in my flat had been carried out. I continue to suffer mental agony.
My queries are as follows:
(1) Am I entitled to claim compensation for damage caused to my flat? If so, what amount could I claim?
(2) Apart from above compensation, whether I can claim compensation for mental agony and deprivation caused to me due to undue financial loss, hardships, inconvenience and nuisance on account of deficiency in service by the Society? If so, what amount could I claim?
(3) In order to prevent any further damage to my newly repaired / renovated flat, am I entitled to any ad-interim or interim relief under the C.P.A. 1986 in the facts and circumstances of the case? If so, what relief could I claim?
(4) What interim relief should I seek to rectify the present deficiency in service (To carry out repairs and rectify defects or deficiency in the building in order to stop / plug leakages immediately?
(5) Whether I am entitled to claim costs of the litigation / complaint?
Thanking you,
Warm regards,
Natasha Prakash Bankeshwar
Susmita
21 March 2015 at 17:16
Sir, Kindly Answer the following matter as soon as possible.
A bank having its branch at Delhi executed loan to Mr. A at Delhi. The head office of the said Bank at Kolkata executed an Assignment Agreement in favour of recovery company at Mumbai with a term that, the said recovery company shall have right to sue on Mr. A at Delhi. Is the Agreement valid? If yes Why?
Mahendra
21 March 2015 at 16:58
Is PF and ESI is applicable when no salary is paid to employees due to dispute?
Umesh Ram Sujan
21 March 2015 at 16:24
Respected Sir,
I mr umesh sujan from Rajkot Gujarat my Grand father (Nanaji) was expired in Delhi, at that time my birth was not their and now all en sisters were also expired, we have no knowledge about his death certificate and even we are not aware whether it was registered in 1958 or not, we are legal hairs of my nanaji now we want his death certificate from net i got one document of affidavit which shows that if we have not registered the date of death we can get death certificate from this affidavit can it be possible in Delhi if yes then what will be the process please guide me i am really in need of your suggestions. Thanking you and i am attaching the proforma of affidavit also.
Awaiting for a favorable reply.
Sudam
21 March 2015 at 16:12
Hello Sir,
I Purchased 2BHK Flat (Done Agreement) in April 2014. I got Flat Key in May 2014 and started Staying in Flat from Same Day. Builder is asking money for Covered Parking allotment letter, by taking money he has given Parking allotment letter to other Flat owners. When i asked On which basis parking you are selling and giving Parking Allotment Letter and also i told him couple of Poor Quality Work concern. And same problems are common for other Flat owners also. From That day till now Builder has not given Possession Letter as well as Parking Allotment Letter. He did Flat registration in Grampanchayat for other flat owners except mine.
Please help me to overcome this issue.
jatin
21 March 2015 at 16:07
Respected members i want to ask that what is the maximum time to file a review application in same court against an order given in a civil suit in haryana district court.
Achintya Lahiri
21 March 2015 at 15:50
Dear Sir, request for kind advice where unknown person is attempting to purchase the land on which our Juh SeaQueen Society CHS Ltd is located with a 100 year lease agreement between the land owner Gomes and Builder Rahejas. How should we respond to this Public Notice to protect the interset of 44 nos flat owners in our society. Best Regards, Achintya Lahiri
Public Notice on Page No: 10 of Free Press Journal Mumbai Edition on Saturday 21st March 2015 :
Take Notice that our client intends to purchase from 1 ) Mr.Berchamans Gomes son of Joseph Bruno Gomes 2) Mr.Mohmad Afzal Sheikh Jumman 3) Devsaran Shivnath Sharma the reversionary righst in respect of the plot of land as described in the schedule hereto below written, free from all encumberances and reasonable doubt, however subject to the lease deeds more particularly dated 24-06-1972 and 10-03-1980 and the rights of the premises purchasers of the buildings known as " Juhu Sea Queen " and " Juhu Neptune" who have formed cooperative housing societies known as " Juhu Sea Qeen CHS Ltd " and " Juhu Neptune Apartment CHS Ltd" repectively. Any person having any claim or right in respect of the said property described in the schedule hereunder written by way of inheritance , share, sale, mortgage, lease, lien , license, gift , maintenance , possession or encumberance howsoever is hereby required too intimate to the undersigned within 14 days from the date of publication of this notice of his such claim , if any with all supporting documents , failing which the transaction shall be completed without further reference to such claim or claims if any of such persons shall be treated as waived and not binding on our client.
The schedule above referred to
The plot of land bearing survey number 16, Hissa Number 3 , corresponding CTS Number 972 of Village Juhu , Taluka Andheri ,Mumbai Suburban District , admeasuring 6,253,90 square metres situated lying and being at Juhu Tara Road, Opp Hotel Sea Princess, Juhu Mumbai 400049
Sd/-
M/s A.V.Jain Associates
Advocate for the Intending Purchaser
26, Darashaw Building
24, Jambulwadi Dhobi Talao
Mumbai - 4000002
Place Mumbai
Date: 20-03-2015
vinodkumarpal
21 March 2015 at 14:48
Hello Experts I Want to know that after budget what is the Rate of Service Tax on Tour Operator Services.
Thanks
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Need of judgment copy
Sir,
I could not able to get the judgment copy of K. Narayanan vs State Of Karnataka decided on sep. 02 1993, hence I request you to mail the same.