Advocate Shambhu Mahato

Questions Answered by Advocate Shambhu Mahato

Q: COMPANY DELAYING REPAIR OF ITEM UNDER WARRANTY

DEAR SIR, I want to file a case in consumer forum on the purchase of LED TV. However my purchase is online and delivery is at kolkata but iam shortly transferred to guwahati. The philips service facility is at guwahati.

Advocate Shambhu Mahato answered
In case of any dispute where monetary claim is involved or warranty or guarantee of any movable goods is involved, any of the following Courts can have jurisdiction to redress your grievance a) Where the order was made b) where payment or delivery was made c) Where registered office or regional office of the company is situated c) where you reside etc. Since, you ordinarily reside in Kolkata and order was placed from Kolkata, Consumer court situated in Kolkata will have jurisdiction to resolve your dispute.

Q: How to recover money in case of false promises by the builder

I have applied for a flat through lottery. Application kit consist of GTC which says that flat will be hand over on 31st of Dec 2019 with a grace period of 9 months. If any delay happens thereafter the company will pay some chares. Only delay caused by natural calamities are excluded. After getting the allotmentpossession I was asked to pay 20% of the flat value which I paid. When builder asked me to sign agreement of sale in Aug 2017 I went to builder premise and gone through the agreement. I was surprised to found that the possession date in agreement is 30 June 2020 with a grace period of 9 months i.e. 30th march 2021 which id different than what mentioned in GTC and hence refused to sign the agreement. I requested them to modify the posession date several time but they are not doing. Now it has been more than a year and due to this I am no longer interested in that property as they have cheated me. When I asked them to return my money the are asking for 25k cancellation. What to do?

Advocate Shambhu Mahato answered
GTC comprised in the Agreement for Sale or Allotment Letter is very important. In case of any deviation of either party to the agreement, the GTC will prevail, however, said GTC should in no way inconsistent with prevalent law of land and general principles of contract. In the facts and circumstances, you are facing, verbal communication is of no value and all communication should have been in writing. Your not having interested in the property might have been shown by way of a letter or notice including deviation on the part of the builder i.e. breach of contract. Please note that though you have a remedy in consumer court, you can also file a criminal complaint with the police for criminal breach of trust. Please also note that limitation for redressal for any grievance in the Consumer Court lasts for 02 years from the date of cause of action. You can proceed accordingly.

Q: What are the documents which bank issue after granting loan

I took a home loan from pnb bank last year for an under construction property. I completed the registration formalities and submitted the original copy of the title deed and a copy along with it this month. The bank didn't provide me with any receipt for the same, when I refused to submit the original title deed without the receipt they threatened to file a case against me. They said I will get a receipt by post once the documents are submitted to the head office. I being a lay man had to believe and submitted the original title deed but now I fear what will happen if the bank lose the title deed then I won't be able to claim. Bank have also not gave me the loan agreement copy and said that PSU banks unlike private banks only share the sanction letter. Is the bank right in both the above case?

Advocate Shambhu Mahato answered
In case of newes registration all Banks take original IGR at the time of making final payment or soon after process of registration is complated and Title deed is taken from the office of the Registrar to the Bank's people.You need not worry since there are so many things which prove possession of the Title Deed by the Bank. You please continue your EMI.

Q: Construction / modification by residents without permission of owner

Me and my brother purchased a house in 2008. Due to job both of us are not staying there. My parents and sister live there. They are doing construction / modification in the house without my permission. What are the future consequences. Can they claim the property. How can I stop them from these construction /modification.

Advocate Shambhu Mahato answered
query you wanted to know what is the remedy for construction or modification of a building without consent of the original owner . please note that no construction definition of a property could be made without prior permission of the local authority . consent of the original owner is not everything . however if your family members are making construction or modification of the property belonging to you you can make a complain with local authority as well as with the local police station thanks

Q: Time Limit for Civil Revision Under Article 227

I wanted to know the Time limit for filing revision in high court againsts order of lower court ( 2nd JM) under article 227 of indian constitution.

Advocate Shambhu Mahato answered
in your query you wanted to know what is the time limit for filing a revision petition High Court under article 227 of the Constitution of India the time limit for filing a revision petition the High Court 30 days