Advocate Ranabir Banerjee

Questions Answered by Advocate Ranabir Banerjee

Q: construction in common area without permission of all flat owners

one of the flat owner constructed a temporary shed in common area for keeping his bike without giving any information to three flat owners among 6.At the meeting they apologize for that & was agreed to dismantle the same but after 4days later their son denied to do so. During the construction they damage the outer wall of one garage owner (Cashier). Regarding the matter I make a query to Secretary & cashier of the same & asked them what steps they have taken. & I also inform the Local Municipal authority & chairman also by letter enclosing the minute minutes where they apologize & make a commitment to dismantle that. Municipality send the PWD engineer also to verify the same but I suspect that he has taken a bribe from that owner for giving a false report. So my question is what will be my next legal steps? Can I go to the court?if yes which court ? (High court or Lower Court) what type of security can I get if they try to physically assault to me & my family? I

Advocate Ranabir Banerjee answered
MY OPINION THAT i have follow your vital case /cases and i think that you have legitimate right /rights to take immediate legal step /steps against that particular flat owner ,as you have such legitimate scope to move before High court without any delay and you have take rapid action /actions against that flat owner by criminal proceedings bilaterally.

Q: Payment of back wages as per the orders of court

My employers gave me compulsory retirement,which i challanged in court..the court has set aside the punishment and ordered payment of back wages.i am still not paid anything by the employers and now my emploers have appealed against the previous order and for stay of the court order.can i still claim payment of back wagesas the court order of payment is still not vacated by the appellate court as of now.What shall be done now?

Advocate Ranabir Banerjee answered
MY OPINION THAT i have follow your story and i think that your issue are very much legitimate and legally valid that you have full right /rights to recovery your back wages from your employers, you should take immediately proper legal steps accordingly.

Q: Legal action against bank for unnecessarily harassing

I had cleared the complete outstanding amount (29-sep-2012)on my credit card and committed by bank executive get the NOC within 30 days but till today I did not get. Made a payment on Cash to XYZ bank trustee .When I called and mailed her for issue NOC, every time I did not get any response as of now I did not receive such letter or communication from their end. It became very difficult thing for me. Now I’ m getting calls after almost 5 years my payment is due. Recovery person are calling me and hrashing me for payment when I asked for share the my payment details they are saying it’s very old data they don’t have but I need to pay . can you suggest me how to take this ? 

Advocate Ranabir Banerjee answered
MY OPINION THAT i have follow your vital issue and i think that you have ample opportunity / opportunities to proceed against the Bank for all wrongdoings in proper legal way /ways as you have taken immediately , as well as you have scope to recovery your NOC by take instant legal action /actions.

Q: Relieving and experience letter in case of resigning without notice

I had been working as an assistant manager with a private Bank for last 4.5 years but now I left the Bank without serving mandatory notice period of 90 days due to my father's medical exigencies and I shifted in Bihar my home town and here I got a job in PSU , joined it.but my present organization has called up my previous bank's HR for my verification. Now my previous HR (Bank's HR) is very furious after hearing this on me and telling me that he will issue me a voluntary abandonment of service (VAS) certificate instead of providing me my relieving letter.only experience certificate will be given to me because they have initiated VAS process again me. I have made payment of 90 days salary amount for non serving of notice period.kindly guide me what shall I do so that my experience and relieving both can be issued?

Advocate Ranabir Banerjee answered
MY OPINION THAT i have follow your both issues and i think that you have in a very equated situation and facing relieving certificate as well as VAS process proceed against you ,you should take immediate legal step /steps accordingly to protect your self as early.

Q: can Govt. authorities arbitrarily fire a new joinee

If a person apply for a govt. job and after verification of his original certificates and interview, if the person is offered by the job from the appointing authority, whether the appointing authority can sack the applicant's job at any point of time just by saying that he has not got the requisite qualification.

Advocate Ranabir Banerjee answered
MY OPINION THAT i have follow your application and i think that if you have got any Govt. job after verification of his /her original certificates and proper interview , then that Govt. employee can have authority by legitimate way to continue his /her job by principle of justice & conscience , no authority can obstruct his /her job illegally .