Advocate Rohan Mittal

Questions Answered by Advocate Rohan Mittal

Q: What to do if college is not giving noc & Transfer certificate ?

My son ABC is studying in 1st Year in Bhagwan Mahaveer Institute of Engineering Technology. Behind Fazilpur Sub Station, Sector - 10. Delhi-NCR, Sonepat, Haryana, India. Pin Code- 131001. Due to Medical Problems he wants to Migrate to another Institute i.e. RTU, Kota but the said college/University has denied grant of TC/ College Leaving Certificate and forward the documents required by the DCRUST University for grant of the Migration Certificate, in spite of my best efforts. The Contact No of the Director of the College (Col Yogesh Jain) is 9812421123. what are the rules for issuing transfer certificate in college ? I have completed all the fo

Advocate Rohan Mittal answered
You will have to approach the appropriate Court of Law to get your documents released at the earliest. Universities generally do not like to lose students as vacant seats result in financial loss, so they often find ways to delay a student’s departure, and withholding documents is a common method. If the institute is government-owned or government-aided, you may approach the High Court seeking a writ of mandamus for the release of your documents. If it is a private institute, you may need to approach the lower court and file a civil suit.

Q: Company delivered expired products ,how to complain about expired products ?

I ordered three facewash from flipkart all of them are expired can I sue the comapany and they are not even escalating the issue, what is the law against selling expired products india ?

Advocate Rohan Mittal answered
Yes, you definitely can take legal action against the Company. You should although first give them a chance to rectify the mistake on their part. I believe their reputation is at stake here and they may by themselves compensate you for the same. However if they do not then by all means you can approach the Consumer Court and file a complaint against them asking for either refund of money or replacement of product along with compensation and expenses.

Q: Do we have any rights over the property if we are living in same house for 30 years

We are from undivided Hindu family living in a house for 30 yrs.land is in my uncle name (just Booz he z eldest). He went to Delhi in 1982. We got house constructed in 86 on that plot. We are three brothers I.e. Two chacha n papa living here.Verbally he dint have right on that. He z very well settled but now he z asking for his share. We don't have ny other place to live in. Brother z suffering from chronic disease. can i claim land after 30 years ? What shud v do.

Advocate Rohan Mittal answered
Since the property is in the name of your eldest uncle, the law of adverse possession of property would apply in this case. Adverse possession is what happens when the real owner of property (in this case, your eldest uncle since the land is in his name) loses his ownership right when he fails to remove a "trespasser" from the property within the statutory period (12 years in case of private property). For ownership by adverse possession to kick in, three conditions need to be satisfied. First, actual possession, which includes physical construction. In your case, you have constructed your house on the land in dispute. Secondly, open possession. Which means that the construction/use should not be in secret, and also that the owner (in this case, your eldest uncle) should have knowledge of such use. Third, exclusive use. Adverse possession can only be claimed when you have exclusive use of the property. Since your uncle has not claimed his share in the property for over 12 years, and if the other mandatory conditions as stated above are satisfied, you can lay a claim to the property by the law of adverse possession. The Supreme Court in the case of Karnataka Board of Wakf vs. Government of India said, “In the eye of law, an owner would be deemed to be in possession of a property so long as there is no intrusion. Non-use of the property by the owner even for a long time won’t affect his title. But the position will be altered when another person takes possession of the property and asserts rights over it and the person having title omits or neglects to take legal action against such person for years.”

Q: I rechaged my idea number with 346 as per offer and didnt get benifi

I want to take this to court

Advocate Rohan Mittal answered
You may very well file a case in the consumer Court. This will be filed before the concerned District Consumer Forum. Make sure you have the details of the offer recorded and receipt of the money paid to avail the offer.

Q: Delay in possession of property. Builder not replying. What can I do?

I had booked a flat in Beethoven's 8 of Agrante realty in Sector 107 Gurgaon in Dec 2013 and paid 30 lacs as 30 % cost of property by Feb 2014. After that, the builder neither asked for more money nor started the construction. Builder is now not replying to refund the amount. Please advise.

Advocate Rohan Mittal answered
You must file a complaint before the consumer commission asking for either the refund of the money along with interest and compensation or for possession of the property whatever you desire. If the value of the property and compensation claim is in excess of 1 crore then approach the National commission