Advocate Bonny Mehra

Questions Answered by Advocate Bonny Mehra

Q: What is the legal aid for damage to property by a neighbour

what is the legal aid for damage to property by the construction of neighbour's home?

Advocate Bonny Mehra answered
You can approach the concerned Civil Court seeking Compensation against the damage caused to your property arising out of negligence on part of the neighbour within a period of 3 years from the fact of damage having come to your knowledge. However, nature of damage must not be a remote one, that is, probability of happening of which as a result of acts of neighbour was well within the knowledge of the neighbour.

Q: University is wrongly withholding marksheet

I have given my law exams , all fees are cleared for which i have proof, yet the affliated college is not giving my marksheets, to add to it the college abused me and shouted at me when i asked them the same. I had read on the net that i can file a writ in the supreme court under section 32 that its my fundamental right. Kindly suggest as im still a law student.

Advocate Bonny Mehra answered
First of all please make sure that the result has been announced and it is only you or few others who are being deprived of mark sheets. If it is so then first approach the higher authorities like Vice Chancellor, Ministry of HRD and initiate written communications with them. If all these acts remain futile, only in that case approach the concerned High Court by way of a writ petition.

Q: landlord not returning security deposit

Its been a couple of months that I have taken a flat for rent, the rent amount being INR 11000 and the advance amount being INR 45000.Due to some unforeseen events, I am going back to my hometown. As per the rent agreement, either party has to notify 2 months in advance before vacating the flat.I already informed the landlord that I would be vacating the flat in the 1st week of June, thereby serving a month's notice period. another tenant came and said that he is willing to move in June.However the landlord is stating that since I have stayed for such a short period, he will deduct my security

Advocate Bonny Mehra answered
It would have been better had you mentioned the provision pertaining to eviction forming part of lease agreement in your query. Whatever I have gathered from your query is that since you have been not been able to pay rent to your landlord hence he is threatening to encash the security cheques. It would be appropriate if you forthwith vacate the premises after enjoying it (for whatever period you have paid rent) and simultaneously instructing your bank not to encash the cheques that have been handed over by you to landlord. Even afterwards if landlord attempts to encash the same you won't be held liable for dishonour of cheque since there exists no legally enforceable debt as on date of drawing of cheque ( since the concerned amount is security and not any arrear)as held by Supreme Court in 2014 in case of Indus Airways versus Magnum Aviation.

Q: Who can sign on non judicial stamp on surity bond as witness

I have question about who can sign on non judicial stamp on surity bond as witness ( witness should be gazzettetd officer). Is notary can sign and seal on bond as witness or my advocate can sign as well please suggest me what is the procedure and how much advocate can charge me for that.Govt of india providing me scholarship they need bond on non judicial stamp of two different surity.

Advocate Bonny Mehra answered
Please be informed that neither an independent lawyer(not working under government or being a judge) nor a notary is a gazetted officer. The job of witness is to identify the signature of surety who has signed the bond when witness is called upon to do so.

Q: Remedies for delay in possession of Flat

Sir, I have booked a flat in 2012. Possession date as per the builder buyer agreement is 2013. However, to date, I have not got the possession of the flat. I have already paid 95 % amount to the builder. Now I want the refund of the paid amount along with interest. What should I do now? Please guide.

Advocate Bonny Mehra answered
Well if there is an agreement then I guess there has to be some express provision in it entailing penalty in case of delayed possession. You better approach the district forum if value of services plus amount of compensation you claim do not exceed 20 lac in total if it exceeds the amount then approach state consumer commission and file a complaint there. As regards jurisdiction then place of suing can be either where builder (opposite party against whom complaint is to be made) resides or works or where cause of action viz where payment made by you wholly or partly arose.