Advocate Mrunal Bharat Pandya

Questions Answered by Advocate Mrunal Bharat Pandya

Q: Building is delaying possession from 4 years and not giving refund

Hi, i booked a house in Mumbai from a listed reputed building in 2014 he promised me possession in 2018 however not mentioned in his receipt and letter of allotment. I am asking refund from him since last 4 months but is giving me excuses one or another. Can you please guide me what legal action should i take against him to refund the money on urgent basis. Also i seen some verdict in Rera rules also which was given in the favor of building since date og possession is not mentioned in agreement. Please guide. I have screen shot of website where the date of possession mentioned as 2018 can the same to be shown as proof.

Advocate Mrunal Bharat Pandya answered
You can file a Case under Deficiency of Services in the Consumer court and claim refund of money and compensation for mental harassment. Further if the case is RERA Registered , you can also file a Complaint with the Administrator. But You lack sufficient Documents to show that he had promised completion by 2018 and the said time is also not yet arrived.

Q: Termination by company due to absence in case of medical illness

Working in an MNC. Nature of work: Supervisory and administrative ; Sal : above 10000/month. Company wants to terminate saying : performance is poor and even after giving chance to improve performance (Performance Improvement Plan) under their system, performance not improved. The nature of duty performed by me is that of supervisory and administrative nature. The nature of duty performed by me is that of supervisory and administrative nature. But I have even worked like a workman/operater for sometime (about 20 days) in the Company? Will I be considered a workman in legal terms? Can the Company terminate me without any charge sheet, inquiry etc.? I am currently on 5 day rest due to chest pain advised by doctor. Can the Company terminate me while I am not going to Company, telling the management that I want rest?

Advocate Mrunal Bharat Pandya answered
Yes as per the wider scope of workmen laid down by supreme Court in Banglore Water Severage case, all those other than in managerial and in management quota can be considered in workmen. the scope of workmen is widened. As far as under Performance is considered for that warning memo and inquiry needs to be conducted.

Q: Can I demand more amount than the amount mentioned in the petition

Hi Plz help me abt sec25. I have filled execution under sec 25 . Hearing date is 15/12/2017 in the middle o.p. settle me with amount 32 k .,I also received But my question is that 1. ) during drafting application I deemand 50 k 2. ) On next date who inform the court that we have settled? Plz assist me soon.

Advocate Mrunal Bharat Pandya answered
You and opponent settled out of court and the same amount was voluntarily accepted by you and so you cannot claim more than 32 k now. As according to oral settlement between you and opponent outside you have given free consent for settlement at 32k.further it is your duty to inform court as otherwise court may order something against opponents which will be concealing material fact from court on your path

Q: Procedure to apply for passport if criminal charges are framed

i have charge under section 279 and 337 then how i will apply for passport

Advocate Mrunal Bharat Pandya answered
If chargesheet is filed then by taking pre requisite permission from the said court and if chargesheet is not filed then by making an application to jmfc court or to the court that has granted the bail.