Advocate Nikhil Kapoor

Questions Answered by Advocate Nikhil Kapoor

Q: Paid for the bike but ownership not transferred bike in police custody

A complain has been registered against me for forcefully obtaining possession of my friend bike. Now the major problem is that although all money from down payments to monthly installment has been submitted my me but the bike's ownership is in my friends mother's name because I WANTED A DELHI REGISTRATION NUMBER but being a tenant was lacking the necessary documents and company was unwilling to finance.So he lured me to use his mother's documents and got the bike registered in his mother's name and now he has filed a complain. The bike is under police custody but they are ready to negotiate

Advocate Nikhil Kapoor answered
A lot will depend on the mode of payments made by you and also the date of purchase. Who had the possession of the bike since then and evidences regarding that. If u have all such documents ready show them to the police officer m sure he will also understand your problem.

Q: Can I sue the company as the same number is working on other operator

sir, i have a number that is working in airtel as well as vodafone . i am unable to recieve calls on voda number but outgoing is working, this way i can sue the company as the same number is working on another operator.

Advocate Nikhil Kapoor answered
Yes the complaint can be made. There have been many cases before also like this and after rectification appropriate steps have been taken by the operators also. You should keep bills of both the operators ready and if u have lodged a complaint to there respective customer care keep that number also in hand. All this documents will help you to get compensation

Q: Consumer filed case due to lack of service what defense can we take?

The Consumer is alleging deficiency of services upon the Developer of a Housing Colony as the later has failed to develop the internal works of the colony as per the specifications in the agreement. The consumer in the complaint in the District Forum has lead its evidence on the basis of some photographs of the Colony which show lack of work, poor quality and negligence of the Developer. However, the district forum has not considered this evidence because these photographs did not have any date nor there was a statement as to when these were clicked. Any precedent in favor of consumer?

Advocate Nikhil Kapoor answered
In this matter there are certain points to remember, like was there any representation made to the builder before filing the case. Then all the people who are agrived shud have come forward. A criminal complaint shud also have been made in this regard.

Q: Builder not giving possession can I file case in consumer court

Purchased a plot and executed absolute sale deed and it was approved layout ,but afterwards the plot layout plan was modified and i was not informed about it.The builder is using this reason for not giving possession,eventhough the entire layout is in possession of the builder.which is the best and effective legal remedy?Consumer,civil,or criminal.my present plot cost as per government value is 8 lakh and if i extra claim 15 lakh as mental harassment it goes to more than 24 lakh can i file in state consumer commission directly?

Advocate Nikhil Kapoor answered
Yes u can file a case. U have many options consumer court, civil and criminal both remedy and if the builder has received the money he is bound to give u possession. At the time of purchase u must have signed an agreement and with respect to that agreement the builder can be made to provide u the possession.

Q: Registry in my father's and my name can I transfer whole in my name

Dear sir . My father bought a flat from army welfare housing org in Chandigarh. He paid for the flat with his own money . the flat was registered jointly in mine and my father's name and I paid the register y amount from my money . is there any way I can transfer my father's share in the flat to my name ? Or at least have some form of security . so that in the future my brother or anyone else who my father may favour , will not be able to lay a claim to the flat ? . FYI there is no mutation yet done .

Advocate Nikhil Kapoor answered
You can get a will made for this purpose or u can get the mutation also done. If ur father is willing to give u the flat u can get it easily otherwise u may have to get it legally from cour.Legally of we see that ur the owner of the half of the property and rest half is in ur fathers name . So in that rest half ur brother or sisters also have a equal right. However since ur father bought it with his own money he can give it in ur favour easily.