Civil Matters

Obstruction of public road for movement and services 

Obstruction of public road for movement and services. I am settled in a retirement home which is not a gated community and all the roads come under Panchayat administration as they have been handed over to the Panchayat by the developer in 1999 itself.  However the developer has installed a gate at the main entrance restricting the visitors and the services to us. 

Is it not our Fundamental Right to move in freely and engage services of our own choice? Can a contract signed by us at the time of the purchase be evoked to suppress our free movement and in engaging services of our choice? Can these violations be considered as criminal acts infringing our rights? Please clarify to proceed further.

Cancellation of Sale Agreement

Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It’s been 22 months and I could get ULC clearance for 385 SQ.Yards and now wanted to cancel the sale agreement. Will I be able to cancel without acceptance from the buyer? What legal complications I might have to face. Pls suggest.

Gratuity payment not done while doing final settlement 

Gratuity payment not done while doing final settlement while leaving the organisation. This was a case of an employment where I was working with 2 group companies of durations of 4.4 yrs and 1.6 yrs ..In total I have completed 5.10 yrs with that group Question I have a situation where I was employed with a company for 4.2 yrs . Now the company transferred me to their sister concern due to project issues and I worked there for close to 1.5 yrs.

Now I have quit the company and joined another group.But while doing full and final settlement , the company has not released gratuity stating that I have not completed 5 yrs in a particular establishment Now , both group companies have same holding company , however are registered differently and while generating Form 16 have separate TAN as well … Can anyone please help me in this case as I am feeling perplexed what to do in this case.

Insurance company has halted my policy even after receiving premiums

Insurance company has halted my policy even after receiving premiums and refusing to provide benefits. My wife has taken a medical insurance policy. She is a working lady and suffering from cardiovascular disease. The premium of policy has been auto renewed from her bank account. In the last premium there was some shortfall in the amount of money in her account. 

Due to insufficient funds in her bank account the premium remained unpaid for five days. When she came to know that the premium was unpaid on the due date she manually paid the premium from her credit card. 

The insurance company immediately sent payment receipt and a congratulation message on her email and mobile number also. Now she is facing medical complications and she approached the insurance company and she got information that her policy has been kept in halt. Sir, I want to take proper legal action against the insurance company.

Forfeiture of earnest money in withdrawal of tender

I am a contractor and have some tenders in BHEL. The Bhel has forfeited earnest money because I have withdrawn a tender. So I want to know whether forfeiture of earnest money in withdrawal of tender is legal in India. BHEL has published tenders for the supply of several heavy electrical equipment. I have applied for two of them but later on I came to know that the global price of copper is likely to rise in the coming months.

Therefore, I have withdrawn the tender before the opening of the technical bid. There was a process to withdraw the tender before opening of technical bid. I have intimated the technical officer for not considering my bid for the technical approval. But BHEL has considered my bid in the technical approval and opening of financial bid is pending. 

After opening the technical bid and found that I have qualified I immediately sent an intimidation letter to the concerned authority. I informed him that I have previously sent an intimation that I am withdrawing my bid. 

When the financial bid is likely to open I personally approach the BHEL and demand refund of security money and earnest money. But the manager refused to do so and he gave me a letter that if I withdraw my bid BHEL will forfeit earnest money. 

This is an illegal act and I want your legal opinion regarding the forfeiture of earnest money on withdrawal of tender. I have withdrawn my bid before the opening of the technical bid. I informed the BHEL much before taking decision on the technical bid. What remedy do I have against forfeiture of earnest money?