Advocate Rahul Malhotra

Questions Answered by Advocate Rahul Malhotra

Q: Where to appeal against arbitrator award

I availed a car loan from toyota. due to 2 EMI unpaid they initiated arbitration. I requested to come and collect the EMI to collection agent. But they have not come and made my third EMI kept on pending. They intiated the arbitration. I attended the arbitration proceeding on 03.10.2015 and promise to pay pending EMI before 30.10.2015. And subsequently paid. today all EMI paid except some legal charges. 10.03.16 I received the award by arbitrator to pay the balance with 18% interest w.e.f. 29.09.15. I want to know procedure of Apeal and complaint against arbitrator for false exparte order

Advocate Rahul Malhotra answered
you will have to file appeal/ objections against the award at the place where seat of the arbitration was. like if the agreement provided arbitration to happen in Delhi or courts of delhi shall have jurisdiction, then courts in delhi will have the jurisdiction. further, we will have to see which district court will have the jurisdiction from the agreement, as i assume the award is below 1 crore.

Q: Non payment of assured return by builder nor paying any attention

I purchased a commercial property in Earth towne in noida extension from earth infrastructure in 2015 feb. I deposited 90% amount. They gave me cheque's of assired returm from April 2015 to sept 2015.They have not paid me after September 2015 till date. On the project site the builder has not even done excavation work forget about construction. On repeated reminder he has not paid any attention. Please suggest and help. 

Advocate Rahul Malhotra answered
the remedy available to you is file a consumer complaint before appropriate consumer forum. this is a problem being faced by all the flat buyers these days. in the complaint which shall be filed, you can seek refund of the money paid, interest thereon and compensation. the chances of the ground reality being changed are negligible.

Q: Got maintenance orders but husband is not paying amount what to do

Judge gave orders to husband to pay me maintenance but husband is not paying any maintenance to me since then, advocate is asking me to pay more money. What is the solution how can I get maintenance amount from my husband

Advocate Rahul Malhotra answered
the husband is willfully disobeying the order of the court. the remedy available to you is to file petition under contempt of courts act which will ensure that he starts paying up in terms of the order

Q: Can builder deduct 25% of amount on cancellation of flat

My Inlaws have booked a flat and paid Rs. 5 lakhs as booking amount. Later they paid Rs. 25 lacs on multiple dates as part payment for the property. However, due to financial issue, they cannot pay remaining amount and hence would like to cancel the booking. Builder buyer agreement says that developer will deduct 25% of the property price (25 lakhs in this case) if the buyer cancel the flat and is signed by both parties. Can builder forfeit 25% of the flat price.

Advocate Rahul Malhotra answered
If such a term exists in the agreement, in law, the builder can certainly deduct such amount. but we well have to find a way to wriggle out of the same. we can contend that the clause was made to be signed under coercion and undue influence. the clause amounts to unfair trade practice so on and so forth. it will be an uphill task but we can surely give it a shot. filing a consumer complaint for the refund of the cancellation amount will be more effective and efficient.

Q: Purchased flat through broker he gave discount now abstaining from it

I purchased a flat in Greater Noida. I bought it through broker and broker offered me discount on his letter head that after 95% payment is made he will give return me some money as discount. All this i have written on his letterhead. I made the 95% payment 6 months back but now asking for the discount offered he is delaying it and denying it. What action can i take in this situation?

Advocate Rahul Malhotra answered
Hi. subject to reading the contents of the letter, we can file a suit for specific performance of the letter as the same shall constitute an agreement between the broker and you. Further, we can initiate criminal action against the broker contending breach of trust, cheating, etc.