Advocate S. J Parshe

Questions Answered by Advocate S. J Parshe

Q: How many times legal notice can be sent by advocate through RPAD ?

For how many times (numbers), an Advocate can send a legal notice though RPAD.

Advocate S. J Parshe answered
1.Its depend upon the situation, in general one notice is sufficient if all details and information is covered, but as final reminder notice (or to include any missed information which were not included earlier ) advocate can sent another notice. hence in this situation two notice are suffice.2. However in case opposite party to whome notice is sent take objection to notice or reply with its contentions, then counter reply need to be issued in this case one main notice + one or two notice replies may be issued. 3. in case of secularization matter notices will be issued differently as per procedure4. However in general cases one notice is suffice regardsAdv. sudhir P

Q: Procedure to get refund if the builder is not providing possession

I have brought flat at Nagpur Maharashtra from MHADA in 2014, and faid full amount 45 lakhs, within a month in 2014, still possession not given by MHADA till today (2018). Some of flat members moved to consumer court Delhi. asking compensation @18%. Is there any chance of weaning the case? Does MHADA really give compensation to consumers? How much time it may take to refund? Is any real time example? if MHADA refuse to give compensation?

Advocate S. J Parshe answered
see rule is equal to all , let it be govt. i.e. Mhada, however seems you filed case at wrong place instead filing the same at state commission Maharashtra, if compensation is more than 1cr then fine at Delhi national forum

Q: Compensation along with interest for delay in possession by builder

I had purchased a flat and signed an agreement in 2011, wherein the possession date is 30 Sep'14. However, till date I have not got possession. Hence, I have registered a compliant at MAHARERA against builder for delay in possession by more than 3years. I ask asked for compensation in the form of interest for delay of possession under section 18 of RERA act. I would like to know if we can claim interest from builder although the agreement is signed in 2011. If Not, will I get justice in consumer court?

Advocate S. J Parshe answered
yes there is always one clause in case of delay in giving possession then builder has to pay the simple interest to you. as to the consumer case is concern same has to be filed within two years from date of non giving of possession

Q: Harassed by make my trip, what to do

We booked roind way flight ticketsfrom Mumbai to prague.. It was clearly mentioned that the tickets were refundable and flexible before departure. About 8 hours before the return journey I tried to cancel them and get one for the next day but they wouldn't let me. They said I could do that and pay the difference between the tickets which was greater than the cost of fresh tickets at their website at that momeny. After being on call with them for 6 hours we were stranded in another country and had to buy fresh tickets to come back. I'm the following five months I contacted them thousands of times on calls, emails even tweets with no proper response. They eventually said the airline would give an amount of approx 10,500 where as the tickets coated 50,000+. I sent my consent for the refund. And now they charge me 10,233 as their own penalty and are giving me back only 227 rs. I did file a case with the consumer forum online with no proper response.

Advocate S. J Parshe answered
its better way 1st you need to issue legal notice to the concern and request for the refund of amount so also the dames for the mental harassment caused to you, post that you can lodge written complaint before concern Consumer forum

Q: Can legal action be taken in case possession given without OC

I got possession of flat 3 years back but builder has not yet provided occupation certificate and municipal water supply. Can you let us know what action we can take against builder. 

Advocate S. J Parshe answered
issue legal notice to builder and ask him to complete all those issues which are promised and pending from his end,of could have filed consumer case within 2 years against builder but now its out of limitation.