Advocate Robin Christopher J

Questions Answered by Advocate Robin Christopher J

Q: Time limit to commence proceedings of case filed u/s 406&420; of IPC

I had filed a police complaint of harassment and mental torture, against a builder in Bangalore. On 26th.of September.2017, I received an 'Endorsement' from the concerned police station, that in response to my complaint a case u/s 406,420 R/w IPC has been registered. I have been following it up since then. On 7th.of Dec 2017, I received another intimation that investigations were going on, and as soon as these were over, the findings would be filed in the court of law. My Questions: a) Is there a maximum time limit, within which the Police is obliged to complete their investigations, and submit their findings to the Court? If yes, what is this time period?? b) How soon will the court take up the case , for hearing and judgement?? This is an 'open and shut case', wherein I have ALL the required evidence, and I suspect that the builder may have bribed the police to stall the proceedings. Your advice , would be highly appreciated, and useful for me to proceed further. Thanks

Advocate Robin Christopher J answered
The police will file the final report under section 173 of Code of Criminal Procedure after the completion of investigation following which the court will issue summons and the accused appear for hearing on charge and framing of charges. The questions you have raised can only be answered as a conversation as it covers different facets of the trial.

Q: What to do if landlord not paying security deposit

On vacating my rental accommodation, the owner had come to a agreement that he would return 27000 of the amount. The cheque was dated to 16th Nov. However he postponed the date asking us to withdraw on a later date as there were no sufficient fund in his account. When we processed the cheque it bounced due to insufficient funds and incorrect signature . Now he has returned 15k, however he still has to return 12k which he is still postponing. Kindly advise, what needs to be done here

Advocate Robin Christopher J answered
Hello Sir,Firstly your query is unclear to the extent of not disclosing as to when the cheque issued by your Landlord has bounced for the reason of "No Sufficient Funds". Secondly you don't mention when you received this 15K. Thirdly, is there a rental agreement in writing and this arrangement to return the amount of 27k, was it also reduced in writing. If it only of getting the 12k back and if I can get answers for the last three questions then you have some options to recover it quite easily.

Q: Can an unregistered association impose a fine on me?

Hello all, I recently upgraded my car and the new vehicle unfortunately cannot enter my parking lot because of a pillar preventing me from turning. Because of this, I have been parking my vehicle in the undesignated visitors parking area. My apartment association (not registered) is now threatening me with a fine. They have done many such things in the past because nobody bothers questioning but this is turning out to be a huge harrassment for me now. I have two questions: 1 - Can an unregistered association impose such a fine on me? 2 - The place where I park is used by everyone to park and I'm not obstructing anyone. Is this illegal for me to do so? What recourse do I have here? Thank you! 

Advocate Robin Christopher J answered
Hello Sir/Madam,If its an unregistered association then you do not have to worry. Give them an explanation in writing to the effect that you are parking in the said space as your regular allotted parking space is too small. If they are registered, then you might have to go through their bye - laws and see if the Association itself while registering consciously has put the clause to levy such a fine.

Q: Is it safe to buy only DC converted land In Bangalore?

Dear Sir, I visited a gated layout (built by a developer) in Bangalore. The layout is in Bangalore urban area and is DC converted. No BMRDA or BBMP approval for this land. Is it safe to buy a plot in this layout ? What can be problems ahead if I buy a plot in this Layout. Regards 

Advocate Robin Christopher J answered
Hello Sir,You should remember that if it is a DC converted plot then you will get a B khata and not a A khata as it not under BDA. Sometimes, when it comes under BDA and one doesn't get a A khata they sell it and so if you are buying only for investment purposes and intending to sell you then you can go ahead. If it is for your own use and you are intending to construct on the said site then you will have to get Municipality or Local Governing body's approval to construct.

Q: Can a person claim compensation after 7 months of accident?

we had met with accident in may 2017.now the injured person is claiming for compensation under motor claim tribunal.we don't know what to do next ?should we attend the hearing or not?we were told we need to pay only 2500 fine.

Advocate Robin Christopher J answered
Hi,It is unclear whether you have caused the accident or if you are the victim. However, the last part of your query sounds like you have caused the accident and so here's the advice. When an accident happens there will be a criminal case and a case for compensation before the tribunal. If you plead guilty in the criminal case and pay the fine then the criminal liability gets proved making it easy for the claimant to make out a good case before the tribunal seeking compensation. So my advice is don't plead guilty and contest the case. As for the compensation claimed, contest that matter too and let the claimant prove the disability to get compensation. This strategy will give you time sometimes allowing you to settle the matter amicably with a figure you can afford.