Advocate Nilesh Motwani

Questions Answered by Advocate Nilesh Motwani

Q: What to do if college is not providing adequate facilities for studies

I want to report my college to Mumbai university as it is providing a poor education with no lab for practical and poor faculty as they are taking around 90 k for one year as fees but they are not providing education as up to the quality of my money.please respond to my query as it is violating the norms of university and right to education by not providing me the right education

Advocate Nilesh Motwani answered
You can file a consumer dispute for the same if the said services are promised to you by way of certain contract or agreement or brochure or advertisement. The complaint can be filed under Deficiency of Service

Q: Procedure in case housing society not following the by laws

Is it compulsary to follow by-laws by a housing soiety? In our society, we have 1/2 BHK flats which varies in sizes. In our society there are total 96 flats out of which only 16 are 2 bhk and rest are 1BHK. People here are saying that the maintainance calculation would be as per sqft. All the ammenitites/services are common to both 1/2 BHK so how come they can charge for it on sqft basis? In fact bylaws clearly says which items in the maintainance are common and which are on sqft basis, but thes people are not ready to follow bylaws. Please suggest.

Advocate Nilesh Motwani answered
Yes it is compulsory to follow the rules laid down in the bye-laws. You will need to object to the rules when they are being formed and you can vote for changing of the managing committee. But as a society is an Association of Persons, the will and benefit of one member cannot be given importance over the will of the collective individuals who have voted for the bye-law rules.

Q: Procedure to file for defamation case

hi sir, I'm living in society, in society group floor 1 to 10 school is there. when I gone to my office then they are flase talking to the class children, for ex. I'm mad, not doing work, just ghumta he. this are doing past 5 years. so can I take action with them ? how ? and which evidence need ?

Advocate Nilesh Motwani answered
Yes you can take action against them by filing a defamation suit. You will have to first send them a notice giving details of the defamation they have done as well as the relief sought by you in order to not file the defamation suit, if the opposite choose to accept your demands and compensate you for the defamation you need not file a suit, if they ignore the notice then you can file a suit.You will need material evidence of the said defamatory statements, which can include affidavit of witness as well as written documents and audio files. Also you will need to prove that the statements made are actually false in nature so for that you will need supporting evidence.