Advocate Sulbha Deepak Chipade

Questions Answered by Advocate Sulbha Deepak Chipade

Q: Delayed in possession of flat what action can I take

We have booked flat with Mantra senses at Handewadi, Pune. Work in progress is very slow & it seems builder is not willing to allocate flat as per timelines provided. we have almost paid 90% of the agreement value & now are are stuck. Need your valued advise on the matter.

Advocate Sulbha Deepak Chipade answered
Sir, The beat remedy would to file a Consumer Complaint against the builder for deficiency in service in fulfilling his part of the Contract.The Forum has ample powers and will pass suitable Orders by which you could get relief

Q: What compensation and refund can I get in case of delay in possesion

We have our case in consumer court in the state. Question are as follows. We have booked a flat in Palghar. Date of posession was on 2013 , but till date we have yet not received the flat. What compesation & refund & interest can we expect from the builder. Please cite different judgement in the state regarding this.

Advocate Sulbha Deepak Chipade answered
Sir,Compensation is the discretion of the Consumer Forum . But normally interest is granted as the present market rate. If the builder is unable to provide you the said flat than the Consumer Forum may pass Order for refund of the amount along with interest . if

Q: Interior designer delaying work and asking for more advance payment

My interior designer has delayed work for more than a month. Total contract amount was 5L and I have already paid 4L. Completed work is not even 50% of agreed work. He is asking 1L additional payment to continue work. Please advise on what are the legal options to me in this case?

Advocate Sulbha Deepak Chipade answered
Sir, If you have entered into a written contract than you must make the interior designer accountable for the accounts so far spend and in spite why even than only 50% of work is done .But please check whether there has been a long passage of time when you actually entered into contract and the present period when maybe the prices of the material cost may have appreciated to some extent.It would be advisable if you first task the accounts before advancing any further amounts

Q: Wife having extra martial affair, what should I do

We have been married for 16yrs and having a son of 15 yrs.my wife is having an extra marital affair with someone who is also married for 13 yrs and have a baby girl of 11 yrs. We do not a mutual agreeable Conssensuce on any of the issues due to which there will always be a tussle and no interaction. She also annoyed when I took thrid party advise for a support even she is not ready to listen to her parents too. All these I am quite tensed and having depression and other health issues .pls.advise what best can be done to secure the relationship.

Advocate Sulbha Deepak Chipade answered
Sir It is a good thing that you still want to secure the relationship with your wife. In that case a visit to a counsellor or having a free and frank talk with your wife is the best alternative.

Q: How to get child custody after mutual consent divorce?

My wife and me got married first by muslim law. as she is a hindu we also got a special marriage act later. Our divorce was under mutual consent. I gave her custody of my daughter but now she wants to leave the country for good with my daughter who is 10..... what can i do as i want my daughter not to leave the country for good.

Advocate Sulbha Deepak Chipade answered
Sir, You will have to move Civil Application before the appropriate Court praying for custody of the child and how it would e good for her welfare and also the fact that you are financially well placed so as to take better care of the child