Advocate Mukesh Sharma

Questions Answered by Advocate Mukesh Sharma

Q: Affidavit submitted to Supreme Court in matter related to Unitech

As per the honorable Supreme Court of India's directive, I need to submit information in the "Claim Submission Portal for Unitech Buyers" for filing claim against Unitech builders. One of the document required is an attested affidavit (in RS 10 stamp paper) stating whether I want a refund or flat possession. I am currently in USA and don't have access to stamp paper. If I submit an affidavit on plain paper attested by Consulate of India, will it me considered valid for this purpose?

Advocate Mukesh Sharma answered
I have gone through your query. As i am already representing 5 buyers in the connected matter. I would suggest you that it is a very sensitive matter don't take it lightly as even a single mistake will lead you nowhere. Contact me for further information personally before filing your affidavit.

Q: Can an NGO file PIL to safeguard interests of homebuyers?

WHETHER WE CAN AS A NGO FILE PIL PIL TO SAFEGUARD THE INTEREST OF INNOCENT HOMEBUYERS OF GR. NOIDA W? As buyers have paid maxi. payment to wilful defaulting builders & builders have siphoned off money from projects. These Builders hv not paid land dues to Development Authorities & are not in position to pay the same & complete the Projects ie. possession of flats to HomeBuyers.WE want to file PIL under Sec133A of Constitution of India "Right to Home". As we hv made various Representations/Letters to DEv. Authorities, UP Govt. & Media, but no reply & result. This situation hv been created by the nexus of Officials of Dev. Authorities, Bureaucracy , Builders Politicians of Up Govt in the last 8-10 years, as policies for Allotments of Bulk Land for Group Housing Projects to Builders in installment of 7-8 years basis and builders collected money(60-90% money of total cost) from innocent buyers in 4-5 years, and not paid land cost to these Dev. Authorities

Advocate Mukesh Sharma answered
I have read your question and after deep consideration and analysing the circumstances mentioned by you i am at the opinion that the consumers/ buyers/ Organisation can file an appropriate PIL under Article 32 of the Constitution of India read with section 14 of Consumer Protection Act for safeguarding the interests of the consumers/ buyers. But same need to be filed with due cautions and on a thin line of legality.

Q: Matter of medical negligence in appeal how much time will it take

Dear faithful advocates, an appeal case of a victim on hospital negligence delayed 5 years to pass an order in Karnataka state comm. Now with 50%of satisfaction if appealed in Delhi will there also be delay ? And whether the victim appealant is necessary to attend the court all the time? 

Advocate Mukesh Sharma answered
It is not necessary to attend the court every timeIf you are dissatisfied with the order of State Commission you have the right to file an appeal before National Commission within a period of limitation

Q: Contract base job, company against order of Supreme Court

Dear sir/Madam I am join IIT college as a Pharmacist on contract base. But supreme court order is same work same salary. But they are providing me 20000 only but in real the grade pay is 2800 it may be above 30000.They are not providing any facility because we are at contract base. But this is harashment of employee. So what should I do how I can get my right. I am B. Pharma gradute.

Advocate Mukesh Sharma answered
If are working under central government than you have two remedies i.e. 1. File a writ uder article 226 of the constitution before high Court. 2. File petition before CAT tribunal. If you are working under state government go for a writ petition uder article 226 before high Court Otherwise, if you are privately employed go and approach labour court