Advocate Arjan Sharma

Questions Answered by Advocate Arjan Sharma

Q: Remedy in case of Deficiency in Service by Builder

I am living in a society in Gurgaon for 1 year. The builder charges high maintenance but against that he offers; 1. Bad condition/broken roads. No repair ever done 2. Below average security. Untrained, random guys in uniform 3. Zero maintenance services - understaffed, and every time we have to buy material like MSeal, Grout, Crack Shield, Locks, Handles, etc from market as they always say zero inventory 4. STP in under capacity and not functioning properly, black/sludge water supply in bathrooms with worms and harmful bacteria leading to diseases 5. They and their vendors don't pay salary to housekeeping and other staff on time and every week staff go on strike and stop work 6. Garbage disposal dump not cleaned for days leading to unhealthy environment 7. Lifts dont work. Ppl struck inside or hours If residents refuse to pay maintenance, builder adds late payment charges. What is the legal and quick remedy for this? Should I and other residents lodge FIR? Does law protect us?

Advocate Arjan Sharma answered
The builder's undertaking of the said responsibility towards the buyers is governed by the representations made by the builder through contracts and other correspondances. Such representation ought to be explicitly made alongwith due communication of depuatation of any of said undertakings which are in governed by further contract with a third party. A perusal of the arrangment between the builder and the deputed party would show upon whom the arising liability would reside. Hence, towards whom the remedy is to be exercised. Your recourse lie with the consumer forum, suit, mediation proceedings and arbitration as may be in terms of the contract. You can register a complaint with the police. It would be best to peruse the relevant documents before any steps are taken.

Q: What is the procedure for the registration of sole proprietorship

I am planning to provide services of tally coaching in schools and colleges and want to issue LEGAL completion certificate to students. So now my doubts is :- 1. Can i proceed with sole proprietorship registration ? if yes than under how many departments i need to register my sole proprietor. 2. If i can't start with with sole proprietorship , what is the other best suitable and simplest way to open tally coaching ?

Advocate Arjan Sharma answered
In the given instance, the purpose of a sole proprietorship is to represent a taxable entity doing such activity or business which is liable to be taxed under Indian tax laws. To answer your first question; yes, you can use a sole proprietorship for provision of coaching services. However, to answer the next part of your question I would need to know if the coaching entity would be working in affiliation with another or would be an independent venture.

Q: Cremation ground near flat builder didn't inform can i take any action

I book a affordable flat without seeing the site, A cremation ground is at the boundry of our project, is there is any law that builder has to inform the buyer about cremation ground before purchase or show that cremation ground in his map, please suggest that what l can do against builder.

Advocate Arjan Sharma answered
Such instances at times do have the bearing of fraud and misrepresentation on the part of the builders for which I would prefer to know about the issue in detail and see if it is a source of actual nuisance for the residents. However, apart from courts, recourse is available as arbitration and in the consumer forum for adjudication as well, subject to the contract entered into with the builder.

Q: Not getting the posession and assured return what can i do

I have invested in commercisl office space builder has crossed the time to give posession and have stopped paying me assured retutrn.

Advocate Arjan Sharma answered
The courts are handling a lot of such matters these days. Such case, whence presented before the court, are presented as suits for recovery and are often resolved through mediation between the buyer and the builder subject to the induction of the arbitration clause.However, I would only be able to advise better as to your position after seeing the relevant documents.

Q: Advice for making payment of VAT after clearing dues to builder

Dear Sir, I had booked a flat in Faridabad in 2006 and got possession in 2013 and in the same year the property was registered in my name. The builder has now sent a notice asking for 1% VAT payment quoting a notification of Haryana Govt dt September 12, 2016. Do I have to pay the VAT as the Flat is already registered in my name in 2013 after clearing all dues to the builder. Kindly reply urgently, Regards.

Advocate Arjan Sharma answered
Said notification issued by Haryana's excise and taxation department allows for an optional amnesty scheme that allows contractors to pre-assess their tax liability for a financial year and requires the contractors to pay a lump sum amount at the rate of one percent of the entire aggregate amount. The applicable rate for pre-payment of tax is 1% plus a surcharge of five percent. Further, the notification does permit collection of this tax from buyers as well.However, I would be able to advise better as regards your liability towards payment of such tax after perusing relevant documents.