Can an owner of a truck file a case in the consumer forum for deficiency in service? Is it possible for the owner of a truck to file a case in the consumer forum for a deficiency in service? I bought a truck for the purpose of earning money, but after a while, I discovered several issues with it. Despite making multiple complaints to the showroom and the truck company's officers, no action was taken. As a result, I suffered sign-`ificant losses since I was unable to use my truck and earn from it.
Nonetheless, I have been paying my monthly instalments on time with the hope that the company would resolve the issue. However, after numerous requests and notices, they declined to fix the problems. Consequently, I filed a case in the consumer forum. However, the company's lawyer argues that since the truck was purchased for commercial purposes, the case before the consumer forum is not maintainable. I need help determining whether or not my case is maintainable.
Your case is maintainable because you have not been using your truck for the commercial purpose. If the owner of a commercial vehicle uses it for his self employment it cannot be said that the vehicle is purchased for its commercial use.
You should take the support of ruling and law laid down by the supreme court in laxmi Engineering (1995) 3SCC 583. In this case the supreme court has held that use of commercial vehicle for self employment or for the purpose of livelihood the purchaser of goods is yet a consumer.
Therefore, you are still a consumer in Section 2 of the Consumer Protection Act. hence you have full right to invoke the provisions of consumer protection act for any deficiency in service on the part of the vehicle company.
Unfair trade practice in consumer cases
Resolving legal issues in resident societies: a guide for members of gujarat society facing unlawful bylaws and jurisdictional challenges. We are members of a resident society situated in Gujarat. There was a fight between the two sections of members over the issue of utilisation of funds. When the society was formed the builder wanted to take control over the function of the society for an indefinite period. Hence he made favourable bye laws. If there is any dispute regarding the function of society the case shall be filed before the society registrar. Any appeal against the order of the society registrar shall be made only before the Supreme Court. Because of this rule we are not able to contest the case to the supreme court. Please advise how to tackle the issue and keep peace and tranquillity in our society?
Prima facie the terms of the bye laws so far are related to the forum of appeal are illegal. Such a provision cannot be made in bye laws. Conferring jurisdiction to the Supreme Court only against the order of society registration is per se illegal.
Only the Parliament and the Union of India have the power to confer appellate jurisdiction to the Supreme Court. Conferring jurisdiction to the Supreme Court falls under the union list of the seventh schedule of the constitution of India.
Therefore, the provision of appeal as made in the bye laws is illegal. You should file a writ petition in the high court under article 226 of the constitution for annulment of that provision. The high court may quash that provision and declare it as null and void because that provision is against the entry number 77 of the union list and also against the provision of Article 246 of the constitution of India.
Society has been charging me additional parking in my maintenance bills.
Could you please provide me with more details about your situation? Here are a few questions that might help me better understand your issue:
- Are you a tenant or an owner of the property?
- Is there a designated parking area for the property?
- Was there any agreement or contract that specified the terms of your parking arrangement?
- When did you start being charged additional parking fees?
- Have you tried discussing this issue with the property management or owner?
Please provide as much information as possible so I can provide you with the best possible advice.
Question: I am owner and paid one lakh rupees for the parking. When the new members joined the society they have increased the amount of parking fee without holding the general meeting. No referendum was held by the society for increasing the parking fee. Can I challenge the action of the society before any appropriate forum?
As an owner of the property, you have the right to question any increase in fees without proper communication or agreement. Based on your description, it seems that the society did not follow the proper procedures for increasing the parking fee, such as holding a general meeting or conducting a referendum.
You may want to take the following steps to challenge the society's action:
- Review the society's bylaws or governing documents to ensure that the society did not follow its own rules for increasing fees.
- Contact the society's management or board to discuss your concerns and ask for an explanation of the increase in parking fees.
- If you are not satisfied with the response from the management or board, you may want to consider filing a complaint with the Registrar of Co-operative Societies or other appropriate regulatory body in your area.
- You may also consider consulting with a lawyer who is knowledgeable about co-operative society laws to discuss your legal options.
Remember to document all communication and interactions with the society's management or board, as well as any receipts or documents related to the parking fee. You should also look the bye laws of the society. If it has any illegal clause then you can approach the society registrar to set-aside that clause. This information may be helpful if you decide to take legal action.
Can I file a case against my friend for deceitfully taking a loan on my name? Sir, my friend bought a car in my name and also took a loan in my name. He is unable to pay the EMI and is not returning the car. I need suggestions on how to get the car back. He has also given my car to someone else for money, but he is not informing me about it.
You have completed all the legal and other formalities in purchasing and financing of the car. At this stage you cannot say that your friend has purchased in your name.
As per the financial documents, you are the real borrower. It does not matter that your friend has not been paying the EMI. You should lodge a first information report against your friend because he has deceived you by making false promises to pay EMI.
Your friend had no intention to pay the EMI at the time of getting finance from the bank. He has cheated you and by making default he has committed the offence of cheating. You should surrender the car to the bank and seek cancellation of the hypothecation.
But in this process you should be ready to pay the balance amount remaining after the adjustment of sale proceeds of your car.
Can the collector acquire our land and construct a road on it without our permission?
Land acquisition is a process by which the government acquires private land for public purposes such as development, infrastructure, or urbanization. The government has to pay fair compensation to the affected landowners and provide them with rehabilitation and resettlement facilities. However, land acquisition can also be a source of conflict and litigation, especially when the landowners do not consent to the acquisition or are dissatisfied with the compensation or rehabilitation.
One of the common questions that landowners have is whether the collector can acquire their land and construct a road on it without their permission. The collector is an administrative officer who represents the state government in a district and has various powers and functions under different laws. One of these powers is to acquire land for public purposes under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act).
The LARR Act lays down certain conditions and procedures for acquiring land for public purposes. According to Section 4 of the LARR Act, whenever it appears to the appropriate government that land in any area is required or likely to be required for any public purpose, a notification (also known as preliminary notification) shall be published in the official gazette, two daily newspapers circulating in that locality of which one shall be in regional language, local language of affected area; upload on website of appropriate government; inform Gram Sabha at village level; affix at conspicuous places in affected area.
The notification shall state that:
- The appropriate government intends to acquire land for a public purpose
- The details of district or area within which such land is situated
- The reasons necessitating such displacement
- A summary of social impact assessment report
- Particulars of administrator appointed for rehabilitation & resettlement
- Particulars of authority appointed for hearing objections
The notification shall also state that any person interested in such land may within sixty days from date of publication raise objection to proposed acquisition.
After issuing this notification, Section 6 of LARR Act requires that an officer designated by appropriate government (also known as Collector) shall conduct enquiry into objections raised by interested persons; hear objection within time limit specified by appropriate government; submit report along with recommendations on objections & record thereof within time limit specified by appropriate government.
Based on this report, Section 7 of LARR Act provides that if appropriate government satisfied after considering report & recommendations submitted by Collector & after hearing objectors if they desire so then declare by notification (also known as declaration) published same way as preliminary notification stating:
- That particular land needed for public purpose
- An estimate amount likely required for compensation
- A statement indicating whether rehabilitation & resettlement scheme prepared under section 16
The declaration shall also state clearly that:
- Land covered by declaration shall vest absolutely with central/state govt free from all encumbrances
- Where amount determined exceeds Rs 100 crore then prior approval central govt necessary before issuing declaration
Therefore, according to these provisions, it can be seen that:
- The collector cannot acquire any land without issuing a preliminary notification under Section 4 of LARR Act
- The collector has to give an opportunity to hear objections from interested persons under Section 6 of LARR Act
- The collector has to submit a report with recommendations on objections under Section 6 of LARR Act
- The collector cannot issue a declaration under Section 7 of LARR Act without considering the report and recommendations submitted by him/her under Section 6 of LARR Act
Hence, it can be concluded that:
The collector cannot acquire our land and construct a road on it without our permission
However, there are some exceptions and exemptions under which the collector can acquire our land without following these procedures or obtaining our consent. These are:
1) Urgency clause: Under Section 40(1) read with section 2(2)(a)of LARR act , if central govt satisfied due urgency situation arising out natural calamities/war/national security/defence etc then may direct Collector though no social impact assessment done yet but take immediate possession any waste/arid/land belonging central/state govt/corporation owned/controlled central/state govt/informal sector etc subject condition compensation paid accordance first schedule & rehabilitation & resettlement provided accordance second schedule
2) Consent clause: Under section 2(2)(b) read with section 41(3), if private company requests appropriate govt acquire its behalf then consent at least
You should file an application to the judicial magistrate under Section 156(3) of the code of criminal procedure for launching a criminal proceeding against him. He has been committing offences such as extortion, cheating and criminal intimidation.
All offences are cognisable and the judicial magistrate has the power to direct the station house officer of the police station to lodge an FIR. No need to approach the higher authority because when the alternative remedy has been given in section 156 crpc they'll not interfere in your matter.
A live-in relationship, also known as cohabitation, refers to an arrangement in which an unmarried couple lives together in a long-term committed relationship, often without being legally married. It is a consensual union between two adults who are in a relationship and decide to live together in the same household.
Thus, living with a woman in a live-in relationship does not constitute offence. If after solemnization of marriage your husband lives in a live-in relationship in the nature of marriage then it constitutes an offence.
Therefore, at this stage you have the right to break the agreement of marriage and claim compensation from the opposite party. Concealment of fact regarding the live-in relationship constitutes a valid ground for the cancellation of marriage.
Since your fiancé concealed this important fact from you, he is liable for the damages caused to your reputation and the mental distress you have experienced. It may not be advisable to file a criminal case for cheating, as there is a possibility that he may end his relationship and remain faithful to you after the marriage.
Related
DEO stands for Defence Estate Organization, which is responsible for managing and administering defence land and properties in India. The DEO maintains a record of all defence properties and their ownership details. This information is used to ensure proper management and utilisation of the properties.
In the context of a property dispute, the DEO register can be used as evidence of ownership. If the register still shows your uncle's name as the owner of the property, it may indicate that the sale of the property was not valid or legal.
You have breached the terms and conditions upon which the bungalow was given to your uncle. In this scenario the DEO has accrued the right to evict the inmates of that bungalow and also initiate legal proceedings for the cancellation of sale deed.
Transferring Unlisted Private Company Shares as a Gift: Stamp Duty, Processing Time, and Selling Restrictions. My father is planning to gift me some unlisted private company shares. We will register a gift deed and pay a stamp duty of 0.25% per Rs.100 of net worth. After that, we will submit the gift deed, share certificate, and share transfer form to the company. I have a few questions regarding this process: Can you please confirm the stamp duty to be paid on this transaction in Maharashtra? How much time does it generally take for the transfer of shares by gift to get recorded in the Registrar of Companies (ROC)? Can I sell those shares immediately, before the transfer of shares by gift is recorded in the ROC?
Stamp duty rates may vary depending on the state. In Maharashtra, the stamp duty for gift deeds of shares is 0.25% of the market value of the shares being gifted. However, it is advisable to confirm the current rates and any applicable exemptions or concessions with the local registrar or a legal professional.
The transfer of shares by gift may take some time to get recorded in the ROC, as it involves a process of verification and approval. The company will need to update its share register and notify the ROC of the transfer. This process may take a few weeks or even a few months, depending on the efficiency of the company and the ROC.
Technically, you can sell the gifted shares immediately after receiving them, but it is recommended that you wait until the transfer is recorded in the ROC. This is because the buyer of the shares may require proof of ownership, and the transfer may not be legally valid until it is recorded in the ROC. Additionally, if you sell the shares before the transfer is recorded, it may create complications in the future if the transfer is not completed for any reason.
Proof of possession if order under section 145 crpc passed in favour of defendant. A civil court passed a decree in an application filed by the defendant under Order 7 Rule 11(d) on the ground of limitation. An appeal is currently pending against this decree in the district court, but there is no stay order in effect. Subsequently, the SDM passed an order under Section 145 of the CrPC in favour of the defendant, and criminal revisions were also dismissed by the ADJ. The plaintiff then filed a writ petition in the HC for final hearing.
During the proceedings, the HC made inquiries about the defendant's possession of the disputed property, which was the subject of the earlier civil suit decided by the Order 7 Rule 11(d) decree. The plaintiff applied for the restoration of possession by making an application in the special civil suit, but the CJSD did not make any order in favour of the plaintiff. Now the question is how to prove the defendant's possession in the HC, and how the decree of the civil court and the CJSD can be helpful to the plaintiff in this regard?
Asked from: Uttar Pradesh
Order of Magistrate under Section 145 crpc (now Section 164 BNSS) is still in force, it prima facie proves the possession of the defendant. Because if the defendant was not in the possession the magistrate could not pass such an order in his favour.
You should also produce a copy of the mutation certificate to prove your possession. Electricity bill other government document issued in the favour of defendant residing in the disputed property is also a relevant proof of possession.
Related: SDM cannot attach property under section 146 crpc when a civil suit is pending before the civil court
