Advocate Neelambari Perumal

Questions Answered by Advocate Neelambari Perumal

Q: what legal action can be taken if agreement is nt fulfilled on time?

 I have to give some amount of money to my own brother. But i don't have that sum of money with me.He disagree and file a petition in the police station. The police officer says that with in two days the money should be given and i agreed by signing. But i fail to give i dont have the money. What should i do.Is there any possibility to arrest me

Advocate Neelambari Perumal answered
Cheating is a criminal offence in which arrest is possible but breach of contract is a civil offence in which the police will have to seek an arrest warrant from the JM and then arrest may be possible. It depends under which section the allegations have been made.

Q: How can I get compensation and refund from builder

Project: Greater Noida West Buidler demand approx 20% of basic while possession as escalation and farmer compensation. Although they had prepared one sided bba and mentioned *company man raise any additional demand on account of consideration at any time *. As per their email, they had paid farmer compensention in 2012 and remobilze work in 2013 and they paid more. But they didn't inform about this hike till final possession and keep in dark till 4 years. So its 100% cheating and fraud. My Question: 1. As a group is going in NCDRC. So how much time will take approx? 2. As my hike amount is approx 4 lac, so can I go in district count and also in NCDRC? My question can I file case as individual as district court, when group is going in NCDRC? 3. Approx How much time will take in District court?

Advocate Neelambari Perumal answered
1. as a group/singularly if the amount demanded is more that 1 crore rupees then you have to approach NCDRC or else will have to approach the state/district commission according to the pecuniary jurisdiction.2. if your demand is only 4 lacs and you want to approach singularly and not in a group then you will have to go to district commission only and cannot go to NCDRC but if you are going in a group and the total group demand taken as a toto is more than 1 crore then you can go to NCDRC. you can approach district commission individually, but it is advisable that you approach in a group in that way you can save on the lawyer's fees and it will make your case of fraud stronger.3. it may tentatively take 2 to 6 months in district court (please note that it may extend due to reasons unforseen)My Opinion: There are many cases like yours against the builders pending before NCDRC and last year the Hon'ble NCDRC has passed a landmark judgment favouring the complainants and asked the builders(m/s Unitech) to either hand over the possession within a stipulated time or else refund the whole amount of each of the complainants. it would be favourable to you if you approach the NCDRC in a group.Thank you

Q: I got stay order for installation of tower should I take back the case

A base to install reliance broad band tower was made on our neighbour's roof we filed a case and got a stay. after 3 years our lawyer says the company will not install the tower and we should take back the case. Is the lawyer favouring the other party What will be the consequences and what steps i should take to aviod any troubles in future now the advocate has shown us the letter by reliance jio but earlier it was reliance broad band can i get compensation also

Advocate Neelambari Perumal answered
if the stay is an interim stay and if you withdraw the case then the company will not be legally bound by it and will be at liberty to install the tower. an interim stay is a short term stay granted until the matter is pending before the case. but if the stay is a permanent injunction then even if you withdraw the case the company will not be allowed to install the tower. it is best if there is a final judgment by the court.

Q: Schedule cast certificate valid for government job?

Sir with due respect. My grand father is a bengali settler came to India from Bangladesh in 1960 Under D. N. K project. At the time government of India provide migration family card where his cast mentioned as khtriya which is a general cast in odisha but government of odisha provide settlement land patta where his cast mentioned as Namasudra which is a schedule cast in odisha. Hence my real cast is khtriya. But l got a schedule cast certificate showing my grand father land patta. recently got a government job. When I applying for the job I produce schedule cast certificate but I selected under unreserved category. Is it any problem for me in future...if any one complain about the cast certificate. Please help me sir...

Advocate Neelambari Perumal answered
since you were selected under unreserved category and not under reservation there won't be any problem because you did not avail the benefit out of the misrepresentation. though i suggest to avoid any such problems in future you must get it declared in a gazetted newspaper your true cast and avoid producing your grandfather's land patta as a document to verify your cast.

Q: Procedure for child custody

Me and my husband separated, he is blackmailing me with some of my proofs at that basis he has taken my child, what should i do to get child custody, we are separated not filed any case as yet

Advocate Neelambari Perumal answered
you require to file a child custody petition under Guardians and Wards Act. the sole paramount consideration in child custody decisions is welfare of the child. though both the parents are natural guardians of a child, if the child is below 5 years of age, the custody should ordinarily be with the mother. there are a plethora of cases wherein the court has favored the custody of the child with mothers but the end determining factor is the welfare of the child.