Advocate Rihal S Kazi

Questions Answered by Advocate Rihal S Kazi

Q: How to sue for defamation

verbally making a debasing personal remark by one committee member (male) of CHS about Secy (67-yr old single lady) to another managing committee member (lady). Male member tells lady member that Secy is divorcee, she cannot manage a husband, how can she manage a society!

Advocate Rihal S Kazi answered
you can very well file for defamation after an appropriate legal procedure. its a cake walk to get things either settled by filing for a defamation or get a handsome compensation or get the defamator to task. in this case a criminal defamation.

Q: Builder is bouncing the cheque what to do

I purchased a flat in getting the possession but builder has delayed the project. I only have allottment letter. He said he will pay back but bouncing the cheque. In this case how to go about as he is not responding.

Advocate Rihal S Kazi answered
hi.. you can challenge the non delivery of premises in a consumer forum provided i see the papers. and in respect of the cheque bounce, you'll have to send him a legal notice ad thereafter file for a complaint in the magistrates court

Q: Advice please. Please tell me how to proceed ?

I have a ongoing case against a builder in nasik. The case is in state consumer court. The case is against the builder since he was asking for more money to give me my house.. Instead of doing a registration in the amount in which the deal was initially fixed. The case is going on since Oct 2003. Recently I have heard that he is trying to sell the same house to someone else inspite of the fact that the case in consumer court is still on. Plz suggest me what preventive legal action is to be taken against the builder so that he does not sell off the house to anyone else.

Advocate Rihal S Kazi answered
I estimate that the matter is prejudice before the Nasik District Consumer Dispute Redressal Forum and not the State Commission..You need to move an applictation before the same court praying for effective reliefs and also for damages..Best..

Q: Renting my own flat on daily rental basis in mumbai. How to proceed ?

Hi my name is keyur Devani I have purchased another flat in my society where I am currently staying I just need a legal opinion that is renting my own flat to the customers on daily rental basis legal I have my own party hall where we take marriage functions and birthday parties here we get huge demand for a flat for a single day and people are ready to take it but my society says its illegal can you please help me and let me know that if the property is owned by me with all the neccessary docs and I also will take the required docs like aadhar card pan card and all from my customers than can i rent my flat on daily rental basis I am located in borivali west..mumbai

Advocate Rihal S Kazi answered
Sorry Sir.. The answer is negative.. You cannot atleast legally allot or rent any premise for a day as in the case of hotels and lodge does.. The flat is a residential property and utilizing it for renting on a daily basis will give effect of a commercial exploitation of the same.. Not advisable..Best..

Q: Resort/Holiday Home. Howto proceed ?

Purchases 2 flats in Lonavala as holiday home. The developer offered to lease it back to him to run it as a resort and give 60 days stay free plus 10,000/- rent pm. Only one registered ( 99 plus 99 years lease ) and 5 years lease back. But no rent have been paid since 5 years. Other room is still pending. Smartly he took 6 cheque as that was the stamp duty value. Rest all cash. Currently he still running a resort and making money but won't pay dues and register other flat. How do I get a stay at the resort till the issues are sorted? There are many other buyers he's done the same with.

Advocate Rihal S Kazi answered
You can shoot a notice for the same.. On the face of it its highly possible that he'll make the requisite payments as many a times the builders take the advantage of the properties not legally entitled to and at a later stage of litigation settle the same.. In my personal opinion shooting a notice for evacuation and payment of rent with interest is the bets option.Best..