Advocate Aditya Deolekar

Questions Answered by Advocate Aditya Deolekar

Q: 1 month notice and legal notice to vacate

My tenant is not vacating the flat in spite of giving a notice verbally and on phone.Guess now the procedure is to first give the tenant a formal notice of 1 month and then a legal notice. Is this correct?WIll a formal notice sent on email be considered a legal notice?I will need help drafting both these notices (formal and legal).

Advocate Aditya Deolekar answered
Your tennanr has to vacate the flat upon expiry of license period. If the tenant is not vacating then you will have to give him a notice to vacate followed by a legal notice. If no response is received to Legal Notice or even a reply is received, then you will have to file a eviction application before the competent authority, Mhada

Q: Delay Possession And Compensation

I had purchased 4 shops at vasai in 2018 and as per agreement possession date is 2018. I have made full payment in 2018. What legal option i have in rera so that i get my possession and compensation.Also how is compensation calculated ?

Advocate Aditya Deolekar answered
since you have a registered agreement you have a good case on merit and if the project is registered with MahaRERA then you can seek interest for delay interest under section 18 of the RERA by filing a complaint before MahaRERA. Interested will be calculated on the amounts paid less taxes at SBI mclr plus 2 percent form the date of payments till possession.

Q: Filing the hard copy of Protest petition in MM Court.

Hello, The Police has filed a C Summary report in the Metropolitan Magistrate Court for the complaint I made for which they have received the hearing date in January 2025.My query is can I submit the hard copy of the Protest petition by requesting the judge to take it on board ? If the Judge does not accept it to be taken on board than when can I submit the hard copy of my Protest petition ?

Advocate Aditya Deolekar answered
you will have to file a miscalleneous application recording your formal protest against the C Summary and the application will have to be e filled first then a hard copy to be submitted physically. you will have to file a detailed application gives reasons for your protest and how police have conductex a faulty investigation and C Summary shouldn't have been filed.

Q: I need to file a Case against College for Exam Ineligible without reas

I'm pursuing BCA (computer science) from a University in Pune. I am a final year student and completed final year final exam in May 2024 except 1 subject for which I was made ineligible because my faculty didn't update my attendance. After multiple letters and effort I was unable to take exam. Now Makeup exam is scheduled August but I'm not made eligible for this too. They said to take exam next year in 2025, thus degree which was to printed in 2024 for a 3 yr course will be printed in 2025.

Advocate Aditya Deolekar answered
You will need to approach Bombay High Court by way of a writ seeking a direction against the university immediately and you would need all the proof to show in action on their part. You will also need to schedule of the make up exam for the same.

Q: Chequ bounced on insufficient funds

I gave 50 thousand cash to my friend for his sister medical problem he promised me he will give it return in a few weeks after few weeks when I asks for returning the given payment he gave me cheque of 50 thousand when that cheque I deposited in Bank that time bank Said that account holder have not sufficient fund then I made compliant under cheque bounce

Advocate Aditya Deolekar answered
if you have already made a complaint then what is that you are looking to do ? or do you want to file a complaint? what is the stage of the Complaint?Also have you followed the process under negotiaable instruments act 1881 ?