Advocate Prateek Jain

Questions Answered by Advocate Prateek Jain

Q: What is the authority of an unregistered housing society? How does unregistered society maintenance

Respected Sir, I reside in a colony maintained by an unregistered society, whose members are chosen by the residents. The society collects two types of maintenance fees: one for electricity (since no individual meters are installed, the society collects a fixed charge from each house and pays this to the electricity department) and the other for security, cleaning, and general maintenance of the society. My house is currently under construction, yet the society is charging the same maintenance fee as for fully completed houses. Disagreeing with this, I stopped paying the maintenance fee. As a result, they have disconnected the electricity supply to my under-construction house. What actions can I take against the society for disconnecting my electricity, and what actions can they take against me for not paying the maintenance fee? Additionally, the society does not audit its accounts and collects approximately 2-3 lakhs in cash per month. Please advise me on how to proceed in this matter. Thank you very much

Advocate Prateek Jain answered
Dear Sir,As the society is unregistered, the same has no power to regulate the residents' fate. The said society has no power to cut your electricity connection. However, as per my understanding, you need to apply for fresh electricity connection. If you are using the common electricity, you need to pay the amount (under common law), but if your colony has a separate connection, you need to apply for your personal electricity connection.Hope my response addresses you query. In case you require any clarifications, please feel free to revert.Best regards,Prateek Jain

Q: Job possibilities after having registered FIR

I have a FIR registered under section 409 & 420 and fired from a temporary government job, i want to know that can i appear in another government job's exam and if selected will it be possible for me to join the same?

Advocate Prateek Jain answered
Dear,It will be very premature to comment that you will be eligible to appear in another government examination. We need to verify that the contents of FIR, what and how the charges have been framed in the FIR.Thus, we need to examine the contents of the FIR before commenting on any factual positions.Best Regards,Prateek Jain

Q: Procedure to cancel agreement of property before buying.

Sir I have agreement for property purchase but now I do not want to purchase property.how I break the agreement and how my money back.

Advocate Prateek Jain answered
Dear, You may cancel the agreement but for that, we need to examine the terms and conditions of the sale contract.There must some conditions where seller would have undertaken that what all development etc., he will do before executing the sale deed.There are mechanisms to recover the amount paid by you but first agreement needs to be examined.Best regards,Prateek Jain

Q: Father in law keeping the wife in the house arrest

I have married in arya samaj and now my wife is in detention in her house by his family. Now I think that I can file a habeas corpus writ to get her back but I have a question that high court order the police to get my wife in front of high court then if police will not do his work and says that they are unable to find my wife then what is the option ...because her father is very powerful man. If the hide her and torcher her then what is the option for me. And tell me that is there any emergency petition for getting police protection From high court.

Advocate Prateek Jain answered
Dear,Considering your situation, I would suggest you to file an FIR at your jurisdictional Police Station stating that your wife is missing since (mention the date). Further, when Police would fail to produce her, you may approach to High Court under Habeus Corpus Writ whereby Police will compel to produce her. In addition to it, you may also approach to Principal Judge Family Court u/s 9 of Hindu Marriage Act for restitution of conjugal rights. The notices will be served at her current place of living.Hope above suffice. In case you require any clarifications, please feel free to revert.Best regards,Prateek Jain

Q: Authority of Unregistered Housing Society

Respected sir, I live in a colony which is maintained by Unregistered Society, whose members are selected by residents. The society collects two types of maintaince amount, One for Electricity (no house have meter, so Society collects fix charge from each house & pay this to Electricity department). 2nd charge is for Security, cleaning, maintaining the society. Sir , My house is under construction. Society is collecting same amount of maintaince for Fully completed house & under construction house. I don't agree with this so i stopped paying them maintaince. They disconnected electricity connection of my under construction house. Now what I can do against them and what they can do against me I don't pay them maintaince amount because i disagree with them. Society doesn't have it's accounts audited, collect all amount in cash (approximately 2-3 lacs per month). Please help me on this matter sir. Thank you very much.

Advocate Prateek Jain answered
Dear Sir,As the society is unregistered, the same has no power to regulate the residents' fate. The said society has no power to cut your electricity connection. However, as per my understanding, you need to apply for fresh electricity connection. If you are using the common electricity, you need to pay the amount (under common law), but if your colony has a separate connection, you need to apply for your personal electricity connection.Hope my response addresses you query. In case you require any clarifications, please feel free to revert.Best regards,Prateek Jain