Advocate Srinivasa Kudva

Questions Answered by Advocate Srinivasa Kudva

Q: Builder used low quality construction material what action can i take

Hi, Recently i have moved in to an apartment. The builder had promised to complete all pending works and claimed to have used quality materials for construction. Offlate its observed the builder used inferior material towards the project.This has resulted in major safety concerns. The building has developed cracks all over and from safety perspective it's a big question Please advise if a legal case can br filed against the builder? Thanks.

Advocate Srinivasa Kudva answered
Hi,Recently, at Power to Consumer we have seen a rise in the number of complainants approaching us to file a case against a builder. Many of them have similar grievances such as delay in possession of their property, mute responses from the developer, unfinished projects due to litigation issues, absconding builders, poor quality construction so on and so forth. We already covered the topic of compensation due to delay in handing over projects. We decided to write this post to make the general consumer aware of pitfalls in dealing with a builder, and how can they take the support of legal process to fight them back.As per a landmark decision passed in 1993 in the case of Lucknow Development Authority vs. M.K.Gupta, the Honourable Supreme Court of India passed a judgement stating that “all builders/contractor(s)/all concerned authorities of any State engaged in Housing Construction activity in any manner are amenable to Consumer Protection Act, 1986 for any act or omission relating to housing activity such as: “Delay in delivery of possession, non-completion of construction within the stipulated time, defective and faulty construction and more…” The judgement states the fact that a builder who constructs a house or hires the services of a contractor to develop a property is engaged in the act of providing service to his customer, and for which he is getting monetarily compensated. This makes him a service provider and hence liable under the clauses of Consumer Protection Act, 1986.A list of situations under which a property buyer can file a case: The International Consumer Rights Protection Council has listed down the following grounds in which a property buyer can drag an incompetent property developer to the Consumer Court: Non-execution of relevant sale agreement despite having received a substantial advance amount Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents Charged higher than the agreed amount No issuance of proper receipt(s) against the paid amount Poor quality construction Delivering of a house not complying to agreed specifications No free parking space within the premises Did not form a co-operative housing society and handed over to members Non-provision of water storage tank Non-provision of proper ventilation and light Delayed possession beyond the stipulated time limit Not obtaining completion certificate from the concerned registered (by the authorities) architect Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants Non-declaration of expenses against which the developer collected money And many more…Any project falling short of above listed causes can be referred to Power to Consumer prior to taking delivery of the property from the concerned builders so that we can take up the matter as a pre-litigation issue.How to file a complaint against a builder in the Consumer Court? With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps: Send a well drafted Legal Notice to the builder stating your reasons of discontent, Await for a response for the stipulated time from the other party, On no-response, prepare a petition stating facts and evidences with the help of expert legal advice, Approach the Consumer Court and file your petition against the builder.But one big exception applies to filing the case in the event of delay in possession. "There is no time limit to move the court against builders". As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot. This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court. If you have been cheated by a builder, or someone you know has been a victim of the misdeeds of a property developer, you can get in touch with our learned Consumer Rights Adviser for support. Power to Consumer is here to support consumers like you in resolving issues and disputes of any kind and nature. If you need any support regarding the complaint filing process or want to file a complaint against the builder, please get in touch with us immediately.

Q: Forced into marriage how to get out of it

I have been in love with this guy for a year now. We are both Hindus. When he told his family about us, they immediately began to look for a girl. He fought in every way but they fixed his marriage. He told the girl's family everything about us, but his parents told the girl's side that he was lying and there was no relationship. They then threatened him emotionally saying that they would kill themselves if he didn't agree. He was forced into the marriage. It's been four days since the marriage, but he still calls me and cries and suffers and wants to know how to get out of it. Please help us.

Advocate Srinivasa Kudva answered
Hi, You should contact the Women Cell of the Local Police of the city lodging a written complaint against her own parents for forcing her for the marriage for which she is not given her free consent without undue influence or force.The woman can even file for domestic violence under the PWDV Act against her parents, brothers, other relatives wherein the Magistrate can pass ad interim order restraining the respondents from forced marriage, even give directions to the SHO of local Police station for providing complete protection to the woman in distress and prevent her forced marriage.

Q: can i claim property of my father after his divorce?

my parents got divorced when i was 1 year old. Noe I am 19 years old. can i claim my portion of property from his assets?

Advocate Srinivasa Kudva answered
Hi,You just got divorced, won your daughter’s custody and received a settlement amount along with monthly maintenance for both of you. For sure, you are feeling relieved after long years of dealing with the lawyers and courts. But you are also wondering whether this money will suffice for all the expenses your child and your future holds. You start walking down the memory lane: the day your daughter was born, and the first few years when you both dreamed of her education, marriage and future. You knew that you could give her all the comforts and the best of the education.Whether you are a husband or wife, your children have right over your property, and why not? You both brought them in this world and you owe them a decent upbringing and a future.Ranjani (fictitious) lived for eight years with her husband until one fine day, she was back at her father’s house with her daughter. After 4 years of court proceedings, she received Rs 15000 a month as maintenance, and Rs 18 lakhs as permanent settlement. That’s when she first questioned if her daughter will receive anything from her father’s property and their ancestral property: ” They have ancestral property worth crores of rupees, isn’t my child a rightful heir? One day I will go to the court and demand her share.”This is something to think about: after all, the fight is between the couple, why should the children suffer? Not only are children eligible to inherit their father’s property but also their mother’s. You would be happy to know that the Indian laws clearly mandate that unless willed-out, children will inherit property from their parents and grandparents especially if it is ancestral. Most recently, a court in Mumbai made a custody decision in favour of both parents. The judge granted joint custody thereby making it easier for children to gain love and trust from both parents and encouraging easier inheritance from both.There are lot of questions that single parents have:Who can demand inheritance share- parent, children or both?At what age can my child ask for a share?What if my ex has remarried, and has had more children.What if I remarry?Will my child have right over his step-father’s property?Can my child claim inheritance to property that my wife purchased after the divorce?And so forth…..In our upcoming webinars, we will talk in detail about the Hindu Succession Act, Muslim Law of Inheritance as well as the Indian Succession Act. For example, did you know that in Muslim Law of Inheritance, all property falls under one category whereas in Hindu Succession Law, there is a clear distinction between ancestral and self-acquired property.Divorce is no more a taboo and both men and women are equally educated and in many cases economically independent. The smart thing to do is educate yourself, learn what your rights and responsibilities are and take the right steps that will make divorce an easy, mutually peaceful and beneficial process. Sometimes, early mediation can help eliminate all the unpleasant steps in the process.

Q: Wife is having affair what should I do in such situation

Dear sir/madam, I am X, Sir/Madam my son in law name as Y wife Z maintaining illegal connection with one person. One day we record her voice and her boy friends voice by mobile phone after that we were talk with her like this is not a good please forget him will continue new life with me again but she told i want you and her boy friend both. Now tell me what all the advises you would give..... kindly reply to this please....

Advocate Srinivasa Kudva answered
Having illegal affairs by a married man is punishable or not?There is two kinds of illegal affairs, a man can have, one with married woman and second with unmarried woman.1. Illegal Affair with married woman:- if any man whether married or unmarried has sexual intercourse with a married woman without the consent of husband of that married woman, is guilty of offence of adultery, and shall be punished with imprisonment which may extent to five years or with fine or with both. It is a non cognizable and bailable offence. In such case the wife shall not be punishable as an abettor.In this kind of situation only husband of a married woman can file a complaint against the person who has sexual intercourse with his wife. The wife of person (who has sexual intercourse with other married woman) can not file a case or complaint against her husband.But both the wife of person(who has intercourse with other married woman) and the husband of married woman( with whom the intercourse has been done) will have a valid ground for divorce.2. Illegal Affair with unmarried woman:- if a married man having illegal affair with an unmarried woman and who is major, is not guilty of offence of adultery but his wife can have divorce on the ground of cruelty (mental) arise of illicit affairs.

Q: Filed a complaint but police has not arrested the accused still

i have logged an FIR under section 506 ,420 , 376 . its been a week .the cops havent detained the accused even though they know his location .They have already collected all the relevant proof against him .whats taking them soo long .please help .

Advocate Srinivasa Kudva answered
Hi,How to file an F.I.R (First Information Report) : Technically an F.I.R refers to the information on the commission of an offence given to a police officer by the first informant. In other words, it is basically a complaint document that sets the provisions of the criminal law in motion.To begin with, it is important to primarily understand the difference between Cognizable and Non-Cognizable offences. And F.I.R is filed for cognizable offences.Under the Criminal Procedure Code, commonly known as CrPC, a cognizable offence allows the police to directly register an F.I.R and immediately begin investigation. The accused can also be arrested without a Warrant. Rape, murder, kidnapping and theft are examples of offences that fall into this category.In a Non-Cognizable Offence, the police will require the permission of the court to register a case or investigate. The accused cannot be arrested without a Warrant and the offence is bailable. Examples of non-cognizable offences include criminal intimidation, trespassing, making a public nuisance of oneself, misappropriation of property, physical assault, forgery, causing simple hurt, and simple cheating.The difference between an F.I.R and a Police Complaint OR the limitations behind lodging an F.I.R are as follows: An F.I.R can only be filed for a cognizable crime. In the event someone is trying to file an F.I.R for a crime that falls in the non-cognisable category it is the duty of the police to listen to them, enter the matter in their daily register or dairy, give the person a signed copy of the entry made (as proof of the matter being recorded) and direct them to the closest or appropriate magistrate. The signed copy of the entry made by the police is free of cost and is a right to receive. The police may not investigate a complaint even if you file a FIR, when: (i) The case is not serious in nature; (ii) The police feel that there is not enough ground to investigate. However, the police must record the reasons for not conducting an investigation and in the latter case must also inform you. — [Section 157, Criminal Procedure Code, 1973]Do’s and don’ts to keep in mind while filing a Police Complaint/F.I.R : Details to give when filing an F.I.R: If you are a victim or witness of a crime give clear descriptions of all that you experienced, saw or remember. If you are filing an FIR for a crime that you have second hand knowledge of, then report exactly what you were told or what you heard. Information should never be exaggerated or false. Important details to include are the date, time, location and a description of the culprits or people involved. The sequence of events that occurred and details of what each person did or said.What to do when the police refuse to file F.I.R : If you are reporting a cognisable crime and the police refuse to register your FIR, you can make a complaint to a higher ranking officer such as the Superintendent of Police (SP)/SHO (Station House Officer of Local Police Station), the Deputy Inspector General (DIG)/ACP (Assistant Commissioner of Police)/DCP (Deputy Commissioner of Police) or the Inspector General of Police (IGP)/CP (Commissioner of Police). You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered. (This means a stamped receiving given by the authority on the photocopy of your complaint)You can also.Send your complaint in writing to the Superintendent of Police (SP)/SHO of the Local Police Station by Registered Post Acknowledgement Due (Regd. Post AD). Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt.Things you must not do: Never file a false complaint or give wrong information to the police. You can be prosecuted under law for giving wrong information or for misleading the police.—[Section 203, Indian Penal Code 1860] Never exaggerate or distort facts. Never make vague or unclear statements.Process Flow of filing an F.I.R:1. It must be filed immediately. If there is any delay, mention it in the form.2. If given orally, it MUST be taken down in writing and explained to you by the officer in charge, at a Police Station within the jurisdiction of which the offence has taken place.3. There should be four copies recorded simultaneously, with carbon sheets in place.4. It must be recorded in first person. Do check in which language this needs to be done.5. Make sure the officials’ attitude towards you is sympathetic and yours towards him/her is respectful.6. Avoid complicated, technical words, terminologies and unnecessary details.7. Try not to overwrite or score out words.8. Ensure that the arrival/departure time is mentioned in the F.I.R and in the Daily Diary (DD) Register at the Police Station9. It must contain authentic information, including these necessary bits of information:– What information do you want to convey?– In what capacity are you providing the information?– Who is the perpetrator of the crime?– Who has the crime been committed against – victim /complainant?– When was it committed (time)?– Where was it committed (specific place /locality/area)?– Why do you think it was committed?– Which way (actual process involved) was it committed?– Were there any witnesses? (Names will be required here.)– What were the losses? (Money /valuables/ possessions /physical damage etc.)– What were the traces at the scene of the crime? (Weapons/evidence if any.)10. After completion, you MUST carefully read the document and sign it.11. It must be recorded by the officer in the book maintained for this purpose by the State Government.12. You have the right to and must get a copy of it for your records. You are not required to pay for the same.13. You are not required by law to give an affidavit.Who can lodge an F.I.R? Any person who is aware about the offence can file an F.I.R. It is not compulsory that he should be an aggrieved person. Even a police officer can file an F.I.R. if he comes to know about any offence. The F.I.R. can be filed by various people like: An aggrieved person. A person who is aware about the facts of the crime. A person who has seen a crime being committed.2. When can I lodge an F.I.R? You can lodge an F.I.R only in case of a cognizable offence. A cognizable offence is a criminal offence in which the police are empowered to register an F.I.R, investigate, and arrest an accused without a court issued warrant. Offences like murder, rape, kidnapping, theft, robbery, fraud, etc. are classified as cognizable offences.A non-cognizable offence is an offence in which the police can neither register an FIR, nor effect arrest without the express permission or directions from the court. Offences like simple hurt, verbal abuse, intimidation, defamation, misappropriation of property, physical assault, forgery, etc. are non-cognizable offences.3. Where can I lodge an F.I.R? To file an F.I.R, one has to go to the police station within the jurisdiction of which the cause of action arose or the offence took place.How do I lodge an F.I.R? To file an F.I.R, one has to go to the police station within the jurisdiction of which the cause of action arose or the offence took place. Every piece of information relating to the commission of offence is to be given to the officer in-charge of the police station. If it is given orally to the officer, he shall reduce it to writing and read it over to the informant to confirm and verify the details.Every such information has to be signed by the informant after which it is required to be recorded by the officer in a book maintained for this purpose as prescribed by the State Government.The informant is entitled to receive a copy of the F.I.R free of cost.If the officer in-charge of the police station refuses to record the information, you can send the substance of such information, in writing and by post to the Superintendent of Police (SP) concerned. The SP is required to start the investigation himself or direct any other officer subordinate to him to start the investigation.Do I have to pay for lodging an F.I.R? No. You do not have to pay a single penny to lodge an F.I.R. It is free of cost.What are the things I should ensure while the F.I.R is being lodged?While lodging an F.I.R you must ensure the following:There should be four copies being recorded simultaneously, with carbon sheets in place.Language is important. It must be recorded in first person.Try not to over write or score out.Try to use simple words.Ensure that the arrival / departure time is mentioned in the FIR and in the Daily Diary Register at the Police StationCarefully read the document before signing.What do I do if the police department does not consider my F.I.R? If the officer in-charge of the police station refuses to record the information, you can send the substance of such information, in writing and by post to the Superintendent of Police (SP) concerned. The SP is required to start the investigation himself or direct any other officer subordinate to him to start the investigation.What happens to the F.I.R finally? When there is sufficient evidence a CHALLAN is prepared. When there is insufficient evidence, F.I.R is declared as UNNTRACEABLE. When FIR is found to be false or is transferred to other Police Station on point of jurisdiction, it is declared as CANCELLED. After registering the F.I.R the contents of the F.I.R cannot be changed. Only High Court can quash the F.I.R.