Advocate Aishwarya Rajput

Questions Answered by Advocate Aishwarya Rajput

Q: TWISTED NARRTAION ON COMPLETION OF CLP MIKESTONE

I seek legal advice regarding a disputed construction-linked demand raised by the builder under the CLP schedule.As per the Agreement , the installment is payable upon “completion of Ground Floor (GF) slab.” However, the architect certificate issued by the builder mentions “Plinth Level Slab (GF Level)” and nowhere certifies completion of “GF slab” as stated in the Agreement.When questioned, the builder stated “GF level” and “GF slab” are the same. The invoice only mentions “current dues”

Advocate Aishwarya Rajput answered
On the facts stated, the builder’s demand appears premature. Where the Construction Linked Plan specifically makes the instalment payable upon completion of the “Ground Floor (GF) Slab”, the builder cannot unilaterally substitute that milestone with “Plinth Level Slab (GF Level)” unless the Agreement, sanctioned plans or technical specifications expressly treat both stages as identical. The architect’s certificate must certify the exact contractual milestone triggering payment. An invoice merely stating “current dues” is not sufficient proof of achievement of the relevant construction stage. You should immediately raise a written dispute, reserve your rights under the Agreement, and call upon the builder to produce the architect’s certificate certifying completion of the GF slab, stage-wise construction records and the contractual basis for equating GF Level with GF Slab. If the builder threatens interest, cancellation or other coercive action despite failure to establish the milestone, you may challenge the demand before the concerned RERA Authority as an illegal and premature demand contrary to the terms of the Agreement. Until the contractual milestone is demonstrably achieved, you have reasonable grounds to dispute the instalment.

Q: Due to ATM mulfunction unauthorize trxn

Complaint under RBI Integrated Ombudsman Scheme – Unauthorized ATM Withdrawals of ₹90,000 on 22-02-2026 due to ATM malfunction, card-trapping fraud, and security deficiencies please guide me to escalate in consumer court

Advocate Aishwarya Rajput answered
Since the disputed amount is ₹90,000, you may file a complaint before the District Consumer Disputes Redressal Commission having territorial jurisdiction over your residence or the bank branch. Along with refund of ₹90,000, seek interest from the date of unauthorized withdrawal, compensation for mental agony, litigation costs and damages for negligence in ATM security and failure to comply with RBI guidelines relating to unauthorized electronic banking transactions. If card trapping, skimming or ATM malfunction is involved, insist upon production of ATM CCTV footage, EJ logs, switch logs and cash reconciliation records. If an FIR has not already been lodged, do so immediately and annex the same with your consumer complaint. The Ombudsman proceedings will not bar you from pursuing an independent consumer remedy against the bank.

Q: Builder gave open parking exactly oppo to my parking

Hi,Please advise if taking legal action will help in this case. We have a covered parking space, and the builder allotted an open parking exactly opposite ours. When the other owner parks within the marked lines, it becomes very difficult for me to park my SUV.I have raised this issue with the builder many times, but he is ignoring it and only says he will ask the owner not to park on the exact line. I already damaged my car once while parking and had to replace the door.Please suggest.

Advocate Aishwarya Rajput answered
If the covered parking space forms part of your allotment and the open parking opposite it makes ingress and egress practically impossible, you should first issue a written notice to the builder and housing society seeking re-allotment or re-marking of the offending parking slot within a specified time. If they fail to act, you may file a complaint before the Consumer Commission for deficiency in service and seek directions for proper parking allocation along with compensation for the damage already caused to your vehicle. If the parking arrangement violates the sanctioned parking layout, a complaint may also be made to the local municipal authority. Preserve photographs, CCTV footage, repair bills and all written communications as evidence.

Q: Transfer of 4 names in late mother's WILL

3 people live out of India. Their identity and address not available. I am not in connection with 3 bemeficaries of mother's WILL. I am available and one of the beneficary of the WILL. Can my name be transferred through transfer deed .out of 3 people one died and 2 of them are disconnected. At least the name of the person avsilable can it be put alone in the ownership document

Advocate Aishwarya Rajput answered
If the property has devolved under a Will in favour of three beneficiaries, it cannot ordinarily be transferred solely in your name merely because the other beneficiaries are abroad or not traceable. The share of the deceased beneficiary will pass to his/her legal heirs unless the Will provides otherwise. If the other beneficiaries are unwilling, unavailable or untraceable, you may have to obtain Probate (where required) and thereafter approach the competent Civil Court for administration of the estate, declaration of rights, or partition. Only after the rights of all beneficiaries and legal heirs are adjudicated or lawfully relinquished can exclusive title be recorded. The exact remedy will depend on the wording of the Will and the status of the deceased beneficiary’s heirs.

Q: Arbitration reply notice section 21

I want reply arbitration notice ( objection) section 21 complete three to four pages

Advocate Aishwarya Rajput answered
A reply/objection to a Section 21 arbitration notice cannot be drafted without examining the notice, loan agreement/contract, arbitration clause, statement of claim, and the specific grounds of dispute. The contents of the objection depend entirely upon the cause of action, limitation, jurisdiction, arbitrability, amount claimed, and contractual terms. Please share the complete Section 21 notice and relevant documents for a proper legal opinion and drafting of a detailed reply.