Advocate M Krishna Chaitanya

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Questions Answered by Advocate M Krishna Chaitanya

Q: Telangana state Consumer court case against builder

I have filed a court case at Telangana state consumer Redressal commission against builder - Alien developers in Jan 2017, which is still going on. They were supposed to hand over the flat in Sep 2011, failing which I can claim my refund of paid up amount with interest as per sale agreement issued by them. But builder now refuses to pay any amount. I stay in Mumbai & becomes difficult for me to come every now & then to Hyderabad for court hearing. How to hasten the case, can I hire a lawyer for case hearings and approx charges to be given in case a lawyer fights the case.

Advocate M Krishna Chaitanya answered
Fistly you must hire a lawyer. As the case is in pending stage, no builder will pay. Aliens is paying for people who already won the case and filed execution petition. Even for won parties, the payments have been stopped since 3months.

Q: Wife linking access to daughter with financial support from me

Me and my wife are married (hindus) for last 7yrs & have some disputes and not in a married life from last 4yrs though staying together. She now got a job in Chennai and moved ,me in Hyderabad. She is now citing 7yrs old issues as excuse and not agreeing for normal married life with me and staying away from last 3 months with kid.Their parents who are not employed are supporting her. Counsellig from my elders done but in vain.She is not ready for any professional counselor's advice too. She is now insisting for money in the guise of supporting child's education and linking that to send kid (4yr) even for holidays to me. Can I take my child atleast for vacation for couple of days and drop her back without my wife's consent? Can she make a police complaint and lastly, before proceeding legally, do i exhaust my father's rights towards the child without initiating legal process if i take child this way? What can be done if she is refuses mutual consent divorce option?Pls advise.Thanks

Advocate M Krishna Chaitanya answered
Firstly, is your child male or female. Mother is a natural guardian for kids below 5years. You can claim guarndianship rights and visiting rights through court. If she doesn't accept for mutual consent divorce, you can always file divorce and fight. It may take 2 to 3years to divorce. She can file missing complaint before police station if she cannot find kid but she may not file any other case on you as you are father and no disputes between you are yet in court.

Q: house constructed on Govt. Land

I have purchased plot in one of venture and constructed my house, Now revenue officers coming and saying this venture have some part of govt land and your house is on Govt Land. I have all documents like Land regularization, Building Permission, registry. Please suggest me what i need to do

Advocate M Krishna Chaitanya answered
Please be specific on what is the nature of the land. On what basis, government is claiming. You can file a writ petition and get specific directions as you have all the documents. Any land government left even after many transactions cannot be claimed back by government.

Q: Regarding fee of private engineering college

I took admission in private engineering college on basis of scst scholarship( if scholarship sanctioned then I won't have to pay fee otherwise I have to pay fee ). My scholarship sanctioned less than college fee so college is demanding total fee which is not fair according to college promises. I have all documents on which college has promised that my admission was done on scholarship. College is minority college. Today I have completed my course and now college refuses to return my original documents and my degree. So what should I do ? Please guide me. Thank you.

Advocate M Krishna Chaitanya answered
College cannot keep your certificates, its against to law. Approach a lawyer and file case in appropriate court. Colleges doesn't come under consumer law. You will get your documents with out problem from court order.

Q: A minor in a relationship with a married man.

My friend ( Female 16) was in a relationship with a married man. He got her pregnant and she committed a suicide. He is a sir in our college. the faculty of the college were aware of this affair but they never took in action towards it. How do I get him and my college punishment for this crime ?

Advocate M Krishna Chaitanya answered
This is a very serious crime, first complaint in police station. As its your friend, you might have been minor as well, take help from your parents in filing complaint before police station, if police refused to take complaint, file before magistrate. The lecturer will be taken into custody. Ensure, you have certain evidence that your friend is pregnant before commiting suicide(post mortem report may be) and communications between your lecturer and your friend if you have or try to find out.