Advocate Vishal Saxena

Questions Answered by Advocate Vishal Saxena

Q: Remedies for deficiency in service by the builder

Project is in ghaziabad. Flat 755 sq ft for Rs 18.85 lakhs (95% payment already done) Booked in 2012. Recently builder has sent letter of intimation of offer of possession but has not raised the final demand. Orally was putting pressure to buy open parking. Project is delayed by over 3.5 years. Builder without prior approval increased the asuper area of flat by 37 sq feet. Builder ready to pay 5rs/sq feet late possession charges but not interest. What should i do..

Advocate Vishal Saxena answered
Since the project is delayed you are entitled to be compensated for it as well as refund of the amount deposited with interest. As far as final demand is concerned, that will be raised at the time of registration of the plot in your name.Buying of open parking on oral agreement would be risky considering the fact that possession of the plot has been offered to you after 3.5 years.The increase in super area is only because of the fact that what area you had been promised earlier was only tentative.As stated earlier, you have legal recourse by approaching the consumer forum or civil courts.

Q: Cheque bounce due to closing of account

What is legal implication of closing the account willingly and then asking to present the cheque in bank?

Advocate Vishal Saxena answered
If the cheque gets bounced, then you will be prosecuted for the offence of cheque bounce. The offence is covered under section 138, NI Act,The offence is made out not only under NI Act but also you can be prosecuted for criminal offence of fraud and misrepresentation also.

Q: How to get the refund from the builder under rera act

I have purchased a commercial space in project at Sohna road. I have made 70-80 % of the payment to the builder. I have not yet signed the builder buyer agreement. Can I seek refund under the rera act in the absence of builder buyer agreement i have the allotment letter & a copy of unsigned builder buyer agreement with me The project is under construction . As per the terms of builder buyer agreement the builder was suppose to offer possession by feb 2018. But as mentioned i did not sign the agreement & as of now dont have any document other than unsigned agreement to substantiate my claim. Pls guide on the provisions of law under which I can get refund?

Advocate Vishal Saxena answered
Yes, you can claim refund or possession of the commercial space on the basis of allotment letter. Further, you have made 70-80% payment against which the receipts must have been issued hence you are entitled to claim the amount.You can file suit for recovery in civil court for recovery of the amount.For further assistance you can contact me.

Q: How to settle drunk and drive case in court

My DL and RC were siezed for drunk driving. The traffic police also marked that insurance and PUC were not provided whereas I was never asked to show the same.The breath analyser test showed result of 48..I have to appear on 20th July in Court...What can be expected at the court and what shall be my next course of action? Do I need to do any paperwork beforehand ? I want that case be closed by paying the fine.. How to proceed?

Advocate Vishal Saxena answered
Please arrange for all requisite papers before appearing in court.There is a possibility that the court may ask you to pay fine and imound your license for a period of 3 months. Also submit before the court that your insurance and PUC was never checked and the same is up to date.

Q: What to do if fraud has been done with me

A man first made physical relations without my consent forcibly and after that he said that he did it because this is what happens on first night with wife and thereafter indulged in such activities after promising the marriage and callings me as his wife and suddenly after 2 years of such things one day he got engaged to someone else and kept on lying to me that he'll only get married to me now that I've come to know that he is engaged and lying to me he says he never intended to get married to me and just wanted to have fun

Advocate Vishal Saxena answered
You can file a criminal complaint for cheating and fraud against the person and also impose charges of rape. There are judgments of the Hon'ble Supreme Court saying that getting physical with a woman and promising her of marrying her amounts to an offence.