Advocate Ritam Ghosh

Questions Answered by Advocate Ritam Ghosh

Q: Who are incapable to give Thumb press

Dear All, My father is a handicap person. Some months ago our house destroyed by storm so we started to construction on it. After some days my real youngest uncle sent us an Injunction order and filed a Title suit case with the help of my grand father thumb press. My grand father is now 94 years and he can't recognized anyone and for his age he is unable to talk. Lawyer said that this case will take to long time. Now we have to stay in stair and this is too difficult in rainy days. Please give me with answer Who are incapable to give Thumb press? Thanks

Advocate Ritam Ghosh answered
First: u need to contest the suit. Second: file written objection against the injunction application and let the hearing be fix up early. At the trial stage, u can challenge the thumb impressions.Yes, the suit shall take some time, but for now u can reject the injunction application.

Q: Builder is giving possession without completing the amenities promised

The builder has not completed common facilities as mentioned in Agreement for sale and shown in Brochure but asking for possession. My question is that " Is not illegal on the part of. Please advice Builder is asking for possession without completing Common facilities as stipulated in the Agreement for sale and shown in Brochure ? Common Amenities viz Mandir , Fully equipped Gym, Beautification of Lake , Club House, Swimming Pool etc." Please mail your advice.

Advocate Ritam Ghosh answered
As per the agreement, you r eligible to get all the facility n all the aminities. U can sue the promoter for breach of contract, since u comes under the definition of consumer. U can refuse to take the possession of the flat. On the other hand u can get the possession, if the flat itself is fully furniahed and thraftr u can approach the consumer forun for alther facilities as per agreement.

Q: Will service and family get effected if case filed by ex girlfriend?

I had a sexual intercouse with a girl on 11.10.2016 and the girl gave birth to a baby on 18.07.2017.In this period I had no connection with that girl and I could not even know that she became pregnant. Now, she and her baby is in her father's home and both we are unmarried. I am a state government servant. I presently live at Balurghat. I told them to bring the girl here but they refused. Now, they are trying to file a case against me. If she files a case what effect will fall upon me and my family and also my service? If my parenthood is proved by DNA test,what will be the situation? How can I manage this tough situation? I have no connection with them. Should I contact them or not? If I am proved guilty will my service be terminated? If I apply for anticipatory bell then can I save my service? Under which sections the girl may file the case? Can police arrest me as the girl files the case? If so happen,what should I do? Please give your legal advice as soon as possible.

Advocate Ritam Ghosh answered
You have put ennormus number od questions though, yes u can get arrested if police complaint is lodged against you. U need to get the case number and file anticipatory bail application. Until the girl or her family is making any compalint to your office or any higher officials, there is no scope of termination of you job. Butvin any circumstances if the name of your family members are not mentioned in the FIR ur family members are safe. It is advisable to contact with the family members of the girl and get a clear view of their mindset.

Q: girlfriend blackmailing me what to do

I am in a relationship with a girl. I am a college student. We did have physical relationship by mutual consent and were both above 18 at the time of first physical contact. I loved her a lot then and had promised marriage but that to only after the 1st contact. But now she has changed a lot and I want to distance myself from her but she is blackmail ing me by saying that she would comit suicide. What should I do?

Advocate Ritam Ghosh answered
You should logde a general diary by supreasing some material facts and try to convince her by consoling. If she commits suicide,you hardly can do anything to prevent tht. And you will have to face the trial. Write down a general diary with the help of a lawyer and lodge tht before the concerned police station.

Q: Delay in flat possession can i claim any compensation for it

I booked a flat for Rs.2184000 on 02/10/2015. For that I have already paid around 1600000 a part of which is loan from SBI. As per the agreement the builder was required to give the possession in the month of Feb 2017. But still i didn't get the possession. After visiting the construction site it seems that the builder will take ages for completing the same. Also in the agreement its written that if builder delays the handover of flat then he will pay 05% per annum interest on the amount paid to him. There is no terms for cancelling the booking. My question is 1) Can I ask for the compensation right now as its one month delay from possession date? 2) As I have taken the loan from SBI and also residing in a rented accommodation, can I ask for compensation more than that written on agreement?

Advocate Ritam Ghosh answered
Yes you can definately claim pecuniary compensation as well litigation cost. Once the agreement is being violated, consumers have all the right to appear before the appropriate forum to claim compensation.