Advocate Kishore Kumaar

Questions Answered by Advocate Kishore Kumaar

Q: How to get refund of the amount paid for booking a commercial property

Filed a case at district consumer forum against the developer but the same was dismissed in Nov 2015 saying commercial properties can't be treated as residential and hence no refund...is there any scope? My lawyer never told me this during the case...

Advocate Kishore Kumaar answered
You will have to file a civil suit for recovery. I hope you're not beyond the three years limitation period. In any case you'll have to ask for exemption of the time that you spent fighting the consumer case. You can contact me with all the papers.

Q: Builder not giving possession to buyer

1.WE have booked a flat in July 2013 at 95%down payment .according to BBA possession was supposed to be given in Dec 2013 (plus/minus 6 months)but project (with all promised aminities) as well as unit could not be completed by July 2016 when visited the site though some families started living in ongoing project work state. Now builder wants full payment and not adjusting /deducting delayed payment charges from the final payment. Moreover area of unit has also been increased and so as the cost of unit.He wants full payment first and then after 1or 2 months he will complete the unit and handover it.we the sent legal notice also but no reply. Pls suggest what should we do now.and how to take possession of unit. 2)this case to be filed in consumer court or civil court ,where the heari g of case is quick n fast. we follow Hindu religion

Advocate Kishore Kumaar answered
An action before the Consumer Forum is your best remedy. Your religion is irrelevant for the purpose. Courts in India are "secular" (like it or not). Please let us know if the value of tbe apartment is more than 80lakhs, in which case including compensation for mental harassment you can file before the National Forum in Delhi. Otherwise you would have to file before the State Forum in your state. The finer points such as increase in Super Built Up Area and Delay compensation will have to be ascertained after looking at your contract with the builder. Best of luck.

Q: Company sending bills for expired number

Vodafone sending bill and notices for a number which i already requested for being closed. What action can i take?

Advocate Kishore Kumaar answered
You don't have to take any action. You can block the number and mark their emails as spam. If and when you are served with a notice you can respond saying you had asked for the number to be closed. There is no question of deficiency in service when you yourself are acknowledging that the service was discontinued by you. If you file a complaint in the consumer court for deficiency in service, then it becomes an admission from your side that there was a service to begin with. Whether it was deficient or not would be subject to trial. You will land yourself in an unnecessary soup.

Q: Clarification regarding appointment of arbitrator ?

does section 4 of arbitration and conciliation act. 1996 apply after the appointment of arbitrator or before

Advocate Kishore Kumaar answered
Depends on what aspect the waiver pertains to. For instance, under Sec. 16, the respondent has the right to object to the jurisdiction of the tribunal at any time before the respondent files its statement of defence. Therefore this section would come into play after the appointment of arbitrator. However let say there is a requirement under the arbitration clause that there should be a mandatory conciliation or amicable settlement attempt before going to arbitration, and the claimant has not adhered to it and proceeded directly to arbitration, then this provision would come into play before the appointment of arbitrator.

Q: How to restart the mission banned by govt, please advise

We start a firm with the name of jawahar lal Nehru national solar mission and register with central sales tax depart and having pan card and bank account of same name. We are going to establish a solar panel assembling unit of 10 mega watt we have project report. After that we give a recruitment add on contract basis for Uttar Pradesh. Selection process based on written examination. We charge a nominal fee for exam from 240to 320 Inr. After few days of giving recruitment advertise government ban our website, bank account and payment gateway hold our payment. We want know that how can we solve this issue. Government allow us to run this programme or payment get way release our payment so we can refund to candidate who had been applied .please advise what should be do now Thanks. 

Advocate Kishore Kumaar answered
I presume the Govt. has terminated the Letter of Award (LoA) on the allegation that you have breached the terms thereunder. You're remedy will lie in a Writ to be filed before the High Court seeking quashing of the order terminating the LoA. And you will pray that the Govt. should allow you to carry out the transactions and run this program as originally envisaged under the LoA. This will be a prayer for specific performance of the LoA. On a without prejudice / alternative basis you can ask for the prayer that the payments maybe released so you can refund the amounts to the applicants and mitigate the damages which you will eventually claim from the Govt. It is a delicate proposition and has to be drafted and pleaded carefully.