Advocate Premlata Rohan Dalvi

Questions Answered by Advocate Premlata Rohan Dalvi

Q: Co-operative Society not adding legal heirs name in share certificate

Hi, My father & mother holds a property in kandivili, after my father's death the share certificate was transferred in the name of my mother in 1994. We are legal heirs my mother, brother & myself. I want all legal heirs name to be added in the share certificate as per law of succession, for which I have made an application to the society which they acknowledge but didn't accept. So I sent that application by registered A.D and it's been 2 months the scoiety has replied on my application nor answering over the call. I have also approached the Deputy Sub-Registrar of CHS society & given a written complaint to them explain the issue of society no co-operating. Please advice on how to proceed and can I sue the society in consumer court for not co-operating & giving membership to the legal heirs of the flat owner.

Advocate Premlata Rohan Dalvi answered
Hello,You need to approach appropriate forum for aforesaid relief. You need to file an application in co-operative court for directing society to issue share certificate in name of legal heir/ you. Hope my advice help you.

Q: Cheating done by Holiday package provider

HI, I have taken a time share package like club Mahindra from Nirmiti holidays for an amount of 82000/- . I did not like the product and gave them a request for refund within 3 days. It was written on a contract that you can let them know in 30 days in case you need to cancel. However, they took a lot of time and did not refund my amount and finally gave me assurance that they will provide a very good services. Now after 2 months, when i tried booking first time the accommodation, they said it is full, we will try to book some thing else etc. Clearly, it was a MIS selling case. earlier it was told to me that i need to intimate 2 days in advance and there will never be over booking problem,here i am intimating them in 40 days in advance. Now, i need the amount to be refunded, which is not an easy task. What actions should i take from filing a case in consumer court perspective. i live in Bangalore and the jurisdiction in Mumbai.

Advocate Premlata Rohan Dalvi answered
Hello,You have to file a complaint for indeficiency , fraud, breach of contract in consumer court, District Forum (Mumbai). You haven't disputed the jurisdiction in the contract moreover you have consented. You can also claim compensation for harassment cause to you in District Forum.