Advocate Akshat Mittal

Questions Answered by Advocate Akshat Mittal

Q: Congenital Heart anomalies not detected during fetal echo in Pregnancy

I have been advised for fetal echo test to detect congenital heart anomalies during pregnancy. My test was conducted at a radiologist lab. The radiologist gives the report with no Congenital heart anomaly/disease detected. However after birth,at the age of approx 3 months my baby start showing signs of heart disease and has been diagnosed with Large VSD (Ventricular septal defect) i.e. whole in the heart. As the VSD is Large is size, it must be detected during the fetal Echo test, However the report states"No VSD noted". Pls, suggest how can i file case against radiologist in this case

Advocate Akshat Mittal answered
madam, I place on record my sympathies. anyhow, more details would be required to check the exact feasibility of the case. Prima facie, you have a rightful claim and can file a consumer case for the same. apart from that, criminal action against the accused along with complaint to the medical board should be initiated once you are clear with the technicalities required therein.

Q: Regarding flat possession or exit

Hi, I had invested in flat for one project from Krish group in Bhiwadi Rajasthan. I had made all the payments except pre possession payment around 5% of total. Builder offer the possession around 2 years back and but flat was not in condition to take possession so I submit my compaint with builder. They told me that they offer early possession due to GST implementation. And it will be completed shortly. But after that I had not received any confirmation from that regarding flat completion. After few months they told me that you have to pay holding charges and interest to take possession. I was not agree with them and also I am not satisfied with quality bof flat. Please badvice if I can claim full refund from the builder? Or it is mandatory to take possession .

Advocate Akshat Mittal answered
is you have raised complaints and disputes on time, it would not be binding upon you to take the possession. There is a way out. The shortcomings would have to be seen and elaborated upon. also, any other lack on the part of the builder could go to our advantage, for instance, delay if any in the offer of possession or unreasonable demands thereof.

Q: High Interest rate Towards Late Payment Charged By Builder

Hi, I booked an affordable flat in Sohna District Gurgaon for 17.65 lacs Dec 2018. As this was ready to move I paid 15.77 lacs within 2 months and balance I told the sales guy I will pay 2 lacs and remaining after they get OC. But the sales guy wrote to me by WhatsApp that I should pay balance after OC is received and he asked me not to tell anyone about it. Finally when they got OC in May end I took possession and moved in. Now builder is asking me to pay 52 thousand as late payment interest charges. I am shocked as their sales guy asked me not to pay balance until OC is received. I refused to pay and even showed the chat messages but they are refusing to listen. Can you please guide me what I should do. How is the interest calculated? As per BBA, it is 15% per annum. It is also mentioned that notice will be sent as reminder but I did not receive any such notice nor reminders. I request your guidance in this matter.

Advocate Akshat Mittal answered
not to worry, you have a prima facie strong case. firstly, we will have to see whether there is any delay in the offer of possession or any other lack on the part of the builder vide which we can get them to compensate us or to nullify the penalty being imposed upon you. secondly, apart from the proofs of the payment not being delayed, the burden of proof would be on the builder to prove the prior reminders sent to you in this regard. Lastly, if the agreement mentions a low rate of interest to be paid by the builder in case of default on the part of the builder, then that can be used to your advantage to agitate upon the unfair rates of interest being imposed on you.

Q: Calculations Of Late Payment Charges

If the late payment interest is 15% per annum, how is it calculated on a monthly basis if a buyer delayed payment for one month.

Advocate Akshat Mittal answered
By a calculator unless you're a mathematician. Nevertheless you must object to any delayed payment being imposed if you have a reason to justify the delay in payments. also, there are a lot of hidden factors involved in this case. for instance, delay in offer of possession at the end of the builder.

Q: Previous Landlord was complaint against me

I was living in 2017-2018 period in sector -3, Ballabgarh, Faridabad, Haryana but till date my previous landlord was complaint against me.

Advocate Akshat Mittal answered
the exact matter is not forthcoming to determine as to why was the landlord in dispute with you. nevertheless, the legal procedure would depend upon the relief that you are seeking now. A legal notice might be a favorable first step regardless of the situation.