Advocate Datar Vilas R

Questions Answered by Advocate Datar Vilas R

Q: Fraud online shopping website what can I do

I ordered a shoe from stylezaade.com and I ve got a completely diff shoe of diff size nd colour, it ws written in the website that it would have easy return and cashback..but now I dunno wt to do! Because the customer service numbers on the website are always switched off and there is no way i can contact them to get my money back.. could yu please help me ??

Advocate Datar Vilas R answered
Well these are the difficulties of online sale or commerce, as many fraudsters may use it. You may contact local police station and lodge a complaint, or approach the Distrct Consumer forum and file a complaint to recover your money and compensation if you may so desire. But best thing is never buy anything online unless it is a recognised one.

Q: What amounts to ancestral land

Is the tittle holder, his children and grand children enough to sign the sale document for an ancestral property? Do you suggest that we include the great grand children who are minors also in the sale deed.

Advocate Datar Vilas R answered
Generally only the head of the family of that branch is sufficient to sign but later if any one of the family members challenges it then it leads to unnecessary litigation and problems. Only three generations are sufficient to sign as a matter of caution. Great grand children have no right in law.

Q: How can I sell jointly held property by siblings

My brother and sister are abroad and have shown no interest in the property or are responding to my queries for GPA to settle each share legally. Can I give an affidavit to the purchaser on behalf of my siblings and go ahead with the sale and disburssal of proceeds as per law. I'll be legally responsible to ensure that the proceeds reach them or if they challenge the purchaser then I''l be responsible.....please advice

Advocate Datar Vilas R answered
If it's joint family property and you are not Karta( Manager) of the family you cannot sell the property though you are entitled to sell your share of it and not the whole of it. You require their consent for sale before hand. Request them to send GPA to you by sending copy of GPA, otherwise in future you and your purchased will have to face litigation.

Q: Labor creating problems on being transferred to different factory

Labour was transfered to another factory of the same organization but they didn't go and created problems by stopping other workers going inside the factory and called the locals and stopped the production of the company. In this respect what the company should take action. PLS advice.

Advocate Datar Vilas R answered
Transfer from one place of factory or establishment to another of the same Company or entity is permissible in law but it should not be by way of victimisation or harassment to the workers.If the transfers are genuine and bonafde then you may either raise an industrial dispute in this regard, as also if the work is stalled then approach a Civil Court for getting injunction orders against those who are preventing or stopping production, better consult a Managment Advocate in this regard.

Q: Sublet charges by society what action can we take

Our society has recently introduced sublet charges for the owners giving their flats on rents. We tried to challenge this decision in a special GBM but as most of the owners opposing this decision don't reside, we were unable to get enough votes. The charges are biased and we want to understand if this can be challenged legally. As quoted by the MC team, this is legal for Maharashtra govt. but we see there is a 10% cap on such charges in Maharashtra and we don't have such law in Karnataka. Can someone guide if we can proceed with legal action, what would be the course, and fee

Advocate Datar Vilas R answered
From the information I find that your Society is trying to impose additional charges if any owner inducts any tenantin his premises/flat.I feel that in Karnataka there is no law whcih either allows such charges to be collected and hence question of 10% cap on it does not arise.But the Society would be entitled to claim it by introducing it in the Bye-laws which would be law for the Society and as you have said it they have done it by Majority votes in the General body. So you are bound by it. However if you want to challenge it, it could be done better consult competent Advocate practsing on the civil side.