Advocate Atit Jain

Questions Answered by Advocate Atit Jain

Q: Builder delayed flat construction by many years

I had booked for a flat on Yamuna expressway in Greater Noida. It was supposed to be delivered in 2015. The builder had mentioned in the contract of buffer period of 2 years.The flat is not yet complete.When contacting builder (last 2-3 years), they say it will be delivered soon, but this promise is not honored. I want to know what remedy do I have available? Is it possible that the builder return my full investment (with / without interest).

Advocate Atit Jain answered
file a complaint before up rera seeking refund for the entire amount paid along with delay penalty which is currently being calculated at mclr + 1% that is 9.45% by up rera. alternatively you can also file consumer complaint. however the period for disposal of case is much faster at rera .

Q: Builder delaying property registration after taking registration amt.

Hi Sir/Madam: I am putting this question on behalf of one of my relative. He bought an apartment in Ghaziabad back in the year 2009. He was given possession of the home in 2014 or 2015 along with posession letter. Many residents of this apartment society has not registered their flat as they came to know from somewhere that the builder does not have few certificates, completion certificate or occupancy certificate. Builder's representative on the other hand said otherwise and asked my relative to get the property registered and had taken the full amount (registration and stamp duty amount) from him in around mid of 2018, but now keeps on delaying the registration by giving one or other excuses. Recently after repeated reminders, builder clearly says they don't have fund right now and threatening that they are atleast letting the residents stay in their homes without registration as it is illegal. May I please know what my relative can do in this case.

Advocate Atit Jain answered
For a speedy resolution, they can file a complaint with UP RERA against non-registration by builder. Since without OC/CC completion is not counted, you can also claim delay interest till the same are received.

Q: Procedure to apply for succession certificate

We have known three properties left out by our grandparents. in one case we have only property tax bill. in another case, we have demand letter from owner of housing society for payment and take possession. third case we have bank account details and locker number. can we apply for succession certificate with above details as all the legal heirs are available.

Advocate Atit Jain answered
You can apply for succession certificate on the basis of above details.However, it is advisable that you approach the relevant banks and authority and seek documents and details from them first.Like bank can provide the details of nominee in account or locker and authority can provide copy of property documents and further verify if any third party rights have been noted on the said property as per records.In case they deny to provide you any support, you may also consider making them a party in your petition so that they can be asked to produce the relevant documents in the court directly.

Q: Can suit for trademark infringement be filed

Can we file suit for trademark infringement when application for rectification is pending before Intellectual Property Appellate Board as the Board is taking too much time to list the same for hearing. Notice has already been sent to the other party to cease and desist.

Advocate Atit Jain answered
Yes you can file the suit.Rectification before IPAB and suit for infringement are separate reliefs, wherein rectification is only for cancellation of Trademark, but for infringement, claiming losses and injunction upon other party, the remedy is suit only.Thus, both can run simultaneously.We have already done so in some cases.

Q: Employee Resigning without any Intimation

Hello, There is an employee, who left the job on the day he received his salary and stopped coming to office from next day. We tried to reach him, First Day - Sister in hospital, Second Day- I won't come, We requested him to service a notice period after putting a resignation mail. I want to know what to do, He didn't intimate that he isn't coming from next day, Company is suffering due to lack of resource. We are ready to hire a alternate guy, but we couldn't bear the loss of resouce. What to do in this case? Can we legally send a Letter to him joining or else the legal consquences of the employement contract breach.

Advocate Atit Jain answered
You cannot force any employee to work for the company, nonetheless such work would in any case be unfruitful.But, in case you have a duly executed employment agreement with him, you can bind him to comply with the termination clause by either serving notice period or pay salary in lieu thereof.Further, in case he has left without intimation or resignation, you can proceed for his termination as being absconding and can further refuse to provide a relieving letter since he was not relieved but terminated. Please note that the process for termination needs to be followed and you might need to serve him a show cause notice also.However, since it will all depends on the terms of the employment agreement, it is suggested that you check the same and verify if it contains a termination or absconding provision.