Advocate Mohit Dhingra

Questions Answered by Advocate Mohit Dhingra

Q: Bought flat no legal possession given company undergoing liquidation

Hello, I have taken handover of flat (not legal possession). I have been staying in flat since last 3 years but registry has not been done yet. The company is in liquidation since Feb 2016 in Delhi High Court. Two days back high could issued following statement. Delhi High court has directed all Assotech homebuyers to made their claim through Official liquidator within two weeks, to take possession of flats on 'As Is Where Is' basis. We 130 buyers already a party in liquidation case. What should I do now? Our advocate says we should file claim of our flats otherwise it would be added in auction. Please advise.

Advocate Mohit Dhingra answered
Hello,As per your query, is your advocate had filed any case under any court (elaborate for this).If possession is not granted to you by your builder, then firstly filed an appeal under Consumer Forum.Is your Builder come under RERA Registration?For More Details and query for this above question, kindly contact me.

Q: ACCORDING TO PROVIDENT FOUND

DEAR SIR MY PREVIOUS COMPANY DEDUCT MY PROVIDENT FOUND MONTH BY MONTH BUT NOT SUBMITTED TO PF DEPARTMENT AND AFTER 9 MONTH I ASK TO MY ACCOUNTANTSIR PLEASE GIVE MY UAN NO? . HE SAID:-YOUR UAN NOT GENERATED SO YOUR PF NOT SUBMITTED TO PF DEPARTMENT BECAUSE SOME THING ERROR. SIR PLEASE SUGGEST ME WHAT I CAN DO AGENTS MY COMPANY?

Advocate Mohit Dhingra answered
As per EPF Registration, when company had submitted all the employees data to EPF Department. Then the department had provided UAN Number to everyone. Even though if any employee don't have their UAN number then it will be generated by EPF Specialist. According to Section 5. Employees’ Provident Funds Scheme. – (1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Employees‟ Provident Fund Scheme for the establishment of provident funds under this Act for employees or for any class of employees and specify the establishments or class of establishments to which the said Scheme shall apply and there shall be established, as soon as may be after the framing of the Scheme, a Fund in accordance with the provisions of this Act and the Scheme.(1A) The Fund shall vest in, and be administered by, the Central Board constituted under section 5A.(1B) Subject to the provisions of this Act, a Scheme framed under sub-section 1 may provide for all or any of the matters specified in Schedule II.(2) A Scheme framed under sub-section 1 may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in the Scheme.According to EPF Act, employee have a right to take their provident fund amount. If you had an query regarding this you can contact me.

Q: ACCORDING TO PROVIDENT FOUND

DEAR SIR MY PREVIOUS COMPANY DEDUCT MY PROVIDENT FOUND MONTH BY MONTH BUT NOT SUBMITTED TO PF DEPARTMENT AND AFTER 9 MONTH I ASK TO MY ACCOUNTANTSIR PLEASE GIVE MY UAN NO? . HE SAID:-YOUR UAN NOT GENERATED SO YOUR PF NOT SUBMITTED TO PF DEPARTMENT BECAUSE SOME THING ERROR. SIR PLEASE SUGGEST ME WHAT I CAN DO AGENTS MY COMPANY?

Advocate Mohit Dhingra answered
As per EPF Registration, when company had submitted all the employees data to EPF Department. Then the department had provided UAN Number to everyone. Even though if any employee don't have their UAN number then it will be generated by EPF Specialist. According to Section 5. Employees’ Provident Funds Scheme. – (1) The Central Government may, by notification in the Official Gazette, frame a scheme to be called the Employees‟ Provident Fund Scheme for the establishment of provident funds under this Act for employees or for any class of employees and specify the establishments or class of establishments to which the said Scheme shall apply and there shall be established, as soon as may be after the framing of the Scheme, a Fund in accordance with the provisions of this Act and the Scheme.(1A) The Fund shall vest in, and be administered by, the Central Board constituted under section 5A.(1B) Subject to the provisions of this Act, a Scheme framed under sub-section 1 may provide for all or any of the matters specified in Schedule II.(2) A Scheme framed under sub-section 1 may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in the Scheme.According to EPF Act, employee have a right to take their provident fund amount. If you had an query regarding this you can contact me.

Q: The person I had a deal to purchase a bike turned out to be a fraud

I had a deal to purchase bullet 350 classic, I paid him ₹55000 intially in two installments.He provided me proove of payments.But after one week whan I asked for handover,He stopped answering my call and msgs.He was giving silly excuses for not giving bike.One day I decided to reach police for help and told him that I'll lodge an FIR against him, then he called me and asked me to come at his home to take handover of bike.I reached his home with my two friends as witness,and we cancelled deal by writing on paper.He provided me cheque for 55000. I found that due to insufficient balance cheque was bounced.After one week he is forcing me to represent that cheque again. Harassing me for my money, Abusing me, Blackmailing me.He is selling someone else's bike on his name.He has no fear of law and police as he is an advocate. I am a working professional. I want my money what I have earned with all my hardwork

Advocate Mohit Dhingra answered
Dear,You can file an appeal under section 138 with Section 142 of Negotiable Instrument Act, 1881.According to this above section dishonor of cheque.Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice. to any other provision of this Act, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both

Q: Can verdict of district consumer court be challenged in higher courts

As college is not refunding my admission fees if I file a case in district consumer court then verdict of district consumer court can be challenged in higher court?

Advocate Mohit Dhingra answered
If District consumer Forum had passed a judgement against you. Then within 1 month (date of forum judgement) you can file an appeal before state consumer dispute redressal court ( higher court) under consumer protection act