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Ajit Supekar

Posted 02-Dec-18 14:14 PM

Shop extension issue

I have my own commercial shop in narhe which is at the ground level. It is a Grampanchayat sanctioned property which comes under society. Shop area which I purchased is in total 250sqft. And built up area is 185sqft now I want to extend my shops floor area bit more and don't want to do any permenant construction work there. as I use it for a dance classes.i asked a society for NOC but they denied by saying I can't use that area to extend.now I want to know whether there is any provision in law to utilize that area for my desired use or in any other way.

kakali barman

Posted 01-Dec-18 13:58 PM

Interesting land dispute and Unregistered sale deed of 1998

A piece of land of are A is owned by 3 brothers and a sister. One of the brothers is deaf and dumb and illiterate and not married as well. The remaining 2 brothers sold a portion X of the total area A to their sister via an unregistered sale deed in 1998 and verbally promised her that they would sell the remaining (A - X) area of land to her in future and she can get the whole area A registered in her name at that time. Now in 2018, without informing her, the two brothers sold the (A-X) area of land to a third party and also registered the sale deed without her signature. They are also trying to sell a portion of the area X that they sold to her in 1998 taking the advantage of the unregistered sale deed. The sister is already in possession of the X area of land since 1998 (from the time she purchased it) and since this is a commercial plot she has done some enhancement and is also giving this plot of area X on lease to some other people since the date of purchase which is 1998. Now there are three Questions 1) Even though the sale deed committed in 1998 is unregistered (which is before the amendment that came in 2001), can she hold the possession of the land of area X through Section 53A of TPA and through Proviso of section 49C which talks about Part Performance as she took the possession of the land as per the contract and also have done enhancement on the same ? 2) Is the registered sale deed that her 2 brothers executed for the (A-X) area of land without informing her and without taking her signature valid ? 3) Is the thumb impression of the brother who is deaf and dumb and illiterate and does not understand anything except some specific signs like sleeping and eating mandatory in any of the sale deeds as his thumb impression can be easily taken by anyone ?

Hot Mate

Posted 17-Nov-18 13:06 PM

Unable to sell my ancestral property

Dear Sir,I have some agricultural land in uttar pradesh (Native Place) in the name of my father and two uncle.My father and one uncle died few years back.Now i want to sell that land with permission of my cousin brothers and one uncle as we live here in mumbai and don't go to native place frequently.Now my nephew is not allowing us to sell it as he himself want to swallow that land which he is trying from last 10-12 years. So he put some stay in transferring name by giving stupid reason..Although he don't have any proof for that.So kindly advice me what should i do in this case ?

Dear Sir,

Get stay order vacated and then immediately sell the property.

 

 

... Read More

Akash Garhwal

Posted 14-Nov-18 22:31 PM

Dispute with FMCG company delhi based

hello,i was an superstockist of an namkeen company based in delhi. i met with person who was company representative of that namkeen company. so he told me al about that they was looking for an superstockist of area so i was agreed to him.and then i send them money through RTGS TO company's account and then i got shipment of fmcg product with bill and eway bill and at first i sold those products with the help of area manager and then second i again rtgs some amount to company acccount they send the shipment again but after 4-5 days suddenly the company representative stop answering my calls so was that company neither picking up call nor calling me up again.when i tried to contact the company representative he told me that he was droped by the MD of that company he no longer works for company and when i contact the MD of th ecompnay he stated that the man was on comission basis .after some coversations they told me that they will pickup the goods and return my money but they were lying days passed on they were again started as they were not piciking up my calls.now the company representative told me that he will be with me as proof that the company is not returning money nor picking up goods.as company i sresponsible for all this.so i need to know is there any legal to proceed and solve this matter as soon...

Dear Sir,

In respect of online issues you may adopt any of the following methods to redress your grievance.

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Cheated in online shopping? Here is how you can get justice

Not futile to pursue online vendors who fail to deliver promised goods and services. Chitra Vittal from Bangalore wins out-of-court settlement from online vendor of cakes

Far too many of us have felt cheated by online vendors but have let it go because of the apparent futility of fighting for our rights. However, Chitra Vittal’s story tells us that it is indeed possible to win out-of-court settlements with online vendors with the help of consumer rights organizations like the International Consumer Rights Protection Council (ICRPC).

Chitra Vittal from Bangalore ordered a combo package including cake from Flowers n Cakes to India, an online florist and gift store that guarantees same day delivery and the “delivery of fresh products – always.”Flowers n Cakes to India failed to deliver the product on the specified day, and when they finally did deliver it the next day, the cake was “smashed up, made of cheap wine” and of a quality that was entirely unacceptable to the customer.

When Ms Vittal attempted to complain about the non-delivery of the product on the scheduled day, she found that the customer care numbers displayed on the website were not attended. She managed to find contact details of their Hyderabad-based sub-vendor, only to be told that they had only received their orders from Flowers n Cakes to India the morning after the scheduled date.
 

Five days later, Ms Vittal complained about the delayed delivery of a substandard product over a chat conversation with the company representative, Rahul, who, according to her was rude and paid no heed to her complaints.

Ms Vittal then approached Arun Saxena, President of ICRPC, which runs a consumer helpline. Mr Saxena sent an email to the vendor on behalf of Ms Vittal, informing them that they had conducted Unfair Trade Practices under Section 2 (1) (r) of the Consumer Protection Act. If the vendor did not refund the full amount to Ms Vittal and pay Rs50,000 as compensation for her losses, harassment and inconvenience, Mr Saxena said, severe action would be initiated against them, seeking higher compensation of Rs1 lakh with the legal costs.
 

What ensued was a series of emails exchanged among Mr Saxena, Ms Vittal and Flowers n Cakes to India, where the vendor attempted to seek refuge in its disclaimer against “unavoidable delays”. Ms Vittal felt that the vendors entirely ignored the accusation of no-response to complaints and were repeatedly rude to her. The emails reveal comments from the vendor to the tune of “If she doesn’t understand simple English language then it’s not our responsibility” and “she is the only one who we can call Fake”.  

When Mr Saxena finally said that the matter was headed to consumer court and they would have to appear in person to justify their position, Flowers n Cakes to India beat a hasty retreat. With a sudden and radical change of tone, it sent a politely apologetic email to Ms Vittal, with the promise of a full refund on the same day.

 

... Read More

Cole Schilling

Posted 11-Nov-18 15:25 PM

Eviction in Washington state if not on the lease

Recently I have been living with a friend that was a member of the HEN program, a sort of reinstatement program after jail that provides and pays for housing. Anyway, he was told he was being evicted and agreed to leave immediately to avoid that. I had been staying with him and although I was not on the lease j had been receiving my mail there including bank statements and personal mail. I have nowhere to go as I had not planned for this to happen and wish to go through the full eviction process so that I may find a new spot to live

Dear Sir,

It seems you are unauthorized occupant even then you cannot be thrown out without recourse to law. If you resist then they have to approach the Court seeking a relief of eviction order or getting possession from you.

... Read More

Jagam Rao

Posted 08-Nov-18 23:36 PM

Hi 

1) Assuming there is a lease agreement between you and your tenant, then You should issue eviction notice with  _days notice(depending on lease agreement) to handover possession.

2) After the expiry of notice period, you should file an eviction suit in the court having jurisdiction over the suit property. 

3) if the rents are not being paid by the tenant, you should Pray that rents should be deposited to you through court during the pendancy of the eviction suit.

4) There is no necessity that the land lord should appear in person during the proceedings stage and the land lord can give the GPA to his nearest relative to file the eviction suit, issue notices etc.

5) The GPA should be registered either in india or at the nearest indian embassy wherever you live

6) Many  a times, courts do grant permission for land lords to depose / be cross examined through Video conferencing. But for this court should have video conferencing infrastructure and also grant permission.

 

Hope this information is useful.

... Read More

Akash Garhwal

Posted 30-Oct-18 09:51 AM

fmcg dispute with company

i was super stockist of an company and the company representative i met make me ss of company and within a month of working i sent some goods to station and after few days the company represntative and the company stop picking up my calls when i contacted reprsentative he told me that company drop him off so contact MD of that company and when i contacted company they said that man was on commision basis now they arent picking up my calls and i have goods worth 1 lac placed in my godown.They arent picking up my goods and arent giving my money back..

Dear Sir,

You can lodge a police complaint or get issue a legal notice then proceed to recover your legal dues.

... Read More

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