Advocate Tariq Lambe

Questions Answered by Advocate Tariq Lambe

Q: Delay compensation for a RERA Registered Project

I invested in a property in Pune in August 2018. The project had begun in pre RERA days and had promised some of it's existing buyers completion date of Dec 2016 which it clearly didn't meet. At that time when my agreement was executed ,project was registered with MahaRERA and had a completion date of 31 December 2018. My agreement has a completion date of December 2018 too. They have failed to deliver the flats till now (September 2019) with a lot of construction still to be done.In December 2018 they applied for 1 year extension in RERA and got completion date extended to Dec 2019. Their RERA application currently shows this:Proposed Date of Completion:31/12/2016Revised Proposed Date of Completion: 31/12/2018Extended Date of Completion: 31/12/2019Will I be able to seek damages from builder as he has denied any for Dec 2018 - Dec 2019 period arguing that RERA extension overrides all previous agreements. Will I at least be able get compensation post Dec 2019 or can he extend.

Advocate Tariq Lambe answered
Seeking a remedy from RERA is a grey area. However, he was bound by a contract vide the agreement executed between you and the builder. Please note he has breached the contract by not giving the position within the period in the agreement. A civil suit can be filed. However, the remedy will be at the discretion of the court as RERA has the complete jurisdiction over property matter

Q: Wife deserts me on petty fights and breaks all communication

I was married in December 2018 in Mumbai and the marriage is registered under Christian marriage act. My wife after our return from Bahrain staying 6 months together, abandons me at her father's advice. She leave my home in July escorted by her parents to Bangalore citing unproven discomfort and demand a seperate residence. No such demands were made before marriage and neither was any money or gift exchanged and no wealth was demanded by us. However constant fights erupted between me and my wife as she constantly defended her parents. Now 3 months have passed without any contact. She has blocked me on all social media and so have her parents. Please advise on the legal options available prefer restitution over separation. And if annulment can they demand alimony.

Advocate Tariq Lambe answered
Address a notice upon your wife for the restitution of marriage. If denied by your wife then it would be advisable to file a petition for the restitution of marriage before the court of competent jurisdiction. The question of maintenance is a grey area because if you seek a divorce on the grounds of desertion by your wife the courts have adopted a view of favouring the wife for maintenance however the same can be disputed depending upon the facts and circumstances of the case.

Q: My Wife done false NC against my father which is not the real

Dear Sir/MadamMy wife filed false NC against my father in local Police station that my father beat/slap her bu t which is not the real case. what to do ? local Police called my father and told looking to your age and as you are retired Govt. officer it not looks that you done this and here after please keep yourself separate with your daughter in law and enjoy the rest of life.but can I tell the truth to same police person that its not happen. Because Police person also sent my wife to Mahila bal kalyan division.

Advocate Tariq Lambe answered
You being a member of the family definitely can intervene and furnish the police officer with the real facts of the case. The police office shall not have any objection pertaining to your statement. If he denies than even other remedies are available which can be discussed then

Q: Family Problem, wife is not able to understand the things. plz suggest

i have daughter whose age is 8 month. My wife is disrespectful to my mother. She argues over small small things. she also have behaviour of stickler and backbiting. I know my wife says or chat bad things about my mom with her father. Instead of explaining it to her for adjustment, her parents give full support to her, to do the bad things. She has an Igo and attitude problem. She does not need my mother, but who will see my mother without me? I don't want to talk with such person who does not give respect to my mother, me & because of her such behaviour. I don't want to be with a wife like this but what about a little girl.Plz advise me about my request.

Advocate Tariq Lambe answered
A divorce petition to be filed in the court of competent jurisdiction as per the law prevailing for you .....I mean depends upon your religion. For Hindus it's Hindu Marriage Act and other acts as per the religion of the petitioner

Q: Property sell against check issue

Maine hamari property sell ki thi uske against cross check liye or proprty pepar pe check detail dali thi lekin check without date liye the documents pe bhi check detail hai. lekin date nhi hai. Ab wo admi check dalne ko or paise dene ko mana kar raha hai..ab kya kare..check dalne par agar bounce ho gaya to aage kya karna padega mare pass court ki vakil fees dene ke bhi paise nahi hai kharcha kitna hoga kuch malum nhi please help me...

Advocate Tariq Lambe answered
kanooni tum cheque pe date daalke execute Kara saktey ho cheque. Agar bounce hua toh Section 138 initiate Kara saktey ho opposite party ke against. Cheque bounce case karne ke liye Lawyer se consult kijiye