Advocate Sanjeev Goyal

Questions Answered by Advocate Sanjeev Goyal

Q: Refund after cancellation of Flat

Hi . I have recently cancelled my flat which was booked in 2015 . Based on the progress from last 1 year , builder managed to complete only 1 floor out of 26 . Plus based on his flase commitments and intentions.I decided to go for cancellation . Total Amount paid to builder is 5 lakhs on booking plus 16 Lakhs disbursed from bank. As per builder buyer agreement , if I cancel the flat that 10% of total cost of flat will be deducted and rest of the amount will be refunded in installment. I have been following up with my builder from more than a month for refund . I have received a email stating amount will be refunded in 5 - 6 months which I can not accept at all. I need your advise for below points . 1) I had taken a subvention scheme based on which builder was liable to pay EMI to bank till I get the possession. Since I have cancelled my flat , builder has stopped paying EMI . should I pay emi to bank till the time builder refund me 2) except consumer court what could a legal option

Advocate Sanjeev Goyal answered
Give the legal notice to bank and builder then you file case in consumer court against builder otherwise bank file a recovery case against you so firstly u file case against builder in present time we are Handel 5 cases of consumer in 5 case 2 cases are bank file a recovery case against buyer so you vastly file case against builder

Q: Company refusing to pay salary as it did not generate any revenue

I worked for a pvt company for 3 months although not sure if it is registered in the companies act. The owner paid me an amount as a 1 month salary that too less than the one mentioned in the contract. I am awaiting the pending amount of 2 months worth. When asked the owner said that he will pay the amount for 2nd month once he receives his payment from a business associate. He has refused to pay the salary for 3rd month stating that there was no revenue in that month. I was hired to train under this company but generating client or income was not under my profile. What should i do now ?

Advocate Sanjeev Goyal answered
We are file a legal notice against to the company owner when we saw this legal notice do not work properly on your case when we r filing the case in labour court firstly you define your job description

Q: How can I recover payment for goods supplied

Dear sir, in last 3 years there are many party of mine who took goods and they did not paid full amount and few of them gave us check and few only giving assurance few are so for away and not picking up phone what should I do .All the materials or goods against the bill .

Advocate Sanjeev Goyal answered
HiDear Sir, You can file Criminal complaint sec. 138N.I Act or civil recovery suit in civil Court. I am handling more cheque bounce, recovery cases in present time. You can call me for more discuss.

Q: Builder not giving penalty before posession

I have bought a 2BHK flat in Supertech Eco-Village-2 back in 2011 with possesion date as November 2013. When asked for compensation they say it will be paid in one go at the time of possession. The exact line in their agreement says "...The company hereby agrees to compensate the Allottee(s) @ Rs.5.00 psft per month for any delay in handing over possession of the Flat/Shop within the given period plus grace period to cover six months, any Unforeseen Circumstances. The compensation amount will be calculated after the lapse of grace period of six months". Kindly help how to claim my due penalty

Advocate Sanjeev Goyal answered
You should be sent a legal notice to builder. If builders is not paid your delay possession charge than you can file consumer complaints in consumer Court against the builder. We are handling more cases against the Supertech. I hope you will achieve your goal. For better discuss you can call me anytime.

Q: Delayed possession of property What action can I take

I purchased flat in JP AMAN in Noida, now its too delayed in delivery and case is going in court. Please advise if compensation will declared by Court then it will receivable to all flat owner or who filed the case in court

Advocate Sanjeev Goyal answered
Dear Buyer , Court give relief only who person come in court. It is law of natural. If you have not field consumer case than you should be file a consumer complaint immediately. For any other clarification you can call me anytime.