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It is necessary to execute a deed of exchange for transfer of flats among members of CHS.
Stamp duty is leviable for such exchange under article 32 of Schedule I of the Bombay Stamp Act 1958.

Section 30 of the Bombay Stamp Act 1958 provides that transferee i.e. Purchasers in liable for the payment of stamp duty.

Market Value of FlatLeviable Stamp duty
1) Does not exceeds Rupees 10000/-Nil
2) Exceeds Rs 100000/- but does not exceed Rs 250000/-0.5 % of the Value

3) Exceeds Rs 250000/- but does not exceed Rs 500000/-Rs. 1250/- + 3% of the value above Rs 250000/-

4) Exceeds Rs 500000/- then8750/- + 5% of value above 500000.


Yes, Stamp Duty is leviable on Leave and License agreement.
Rates of Stamp Duty for every 11 months are as under:
If annual Rent + deposit is
below Rs. 2,50,000 then Rs. 750 Stamp Duty.
between Rs. 2,50,001 to Rs. 5,00,000/- Rs. 1500/- Stamp Duty.Above Rs. 5,00,000/- Rs. 3000/- Stamp Duty.
Registration fees is Rs 1000/-
Agreement for a period exceeding three years but not more than ten years with or without any renewal clause. Stamp duty is leviable on thrice the amount of average annual rent.
Agreement for a period exceeding ten years but not more than 20 years with or without any renewal clause.
Stamp duty is leviable on 5 times the amount of average annual rent.

Rates of I.T leviable to CHS.:
For income upto Rs 10,000/- 10% of income.
For income upto Rs 10,000/- to 20,000 , 20% of income.
For income upto Rs 20,000/-& over 35% of income.

As per the provisions of I. T Law Taxable income of CHS is: Transfer premium.  Income gained from installation of dish antenna. Income gained from renting out premises of CHS
Interest earned from default in payment s by members. Interest earned on deposits. Income earned from sell of FSI.

Yes , CHS is required to pay income tax.

Normally the person purchasing the property has to ensure that the seller has a good and marketable title. In order to find out if the title of the seller is clear and marketable, one has to take search of the property. The search of the property has to be taken at the offices of the relevant Sub-Registrars, normally 30 years search has to be taken. The purchaser can also ask copies of the documents lodged with the office of the Sub-Registrar by the seller. The objections pertaining to the title of the property can be easily verified after taking the search, for example : if the party has mortgaged and registered the documents with the Sub Registrar of Assurances then it can be known only after taking the search of the property. After satisfying the title of the property the party should proceed with the transaction

As per Section 28 and 29 of the Registration Act the document should be presented for registration at the office of the Sub-Registrar of Assurances within whose sub district the whole or some portion of the property to which such document relates is situated.

A Power of Attorney is a document which empowers a specific person to act on behalf of the person who is executing the same. It also includes any document by which a person is authorised to appear and act on behalf of a person who is executing the power of attorney. A power of attorney may also be given by a person to another to appear before any Court, Tribunal or Authority or before a Co-operative Society or any Body or Association.

Deed of Rectification is for  rectifying the mistakes that has taken place in the original agreement. This may include change  in the names of the parties wrongly spelt out, the figures, the description etc. If the original agreement is registered  the Deed of Rectification is also required to be registered.

The Parties followed in such an event is that the parties to the document execute a Deed of Confirmation confirming that the main deed is valid and binding upon them. By way of such a deed the transferor/s also confirm/s that he/they hold/s no right, title and interest in the property and the same is being transferred to the transferee/s. A copy of the main deed is annexed to this Deed of Confirmation. This is the only manner in which the lapse in registration can be rectified.

As per the provisions of Section 25 of the Indian Registration Act, 1908 if a document is not presented for registration within the prescribed time period of four months, and if in such a case the delay in presentation of the document does not exceed a subsequent period of four months, then the parties to the agreement can apply to the Registrar, who may direct that on payment of a fine not exceeding ten times the proper registration fees, such a document should be admitted for registration.

Under Section 23 of the Act, subject to certain exceptions, any document other than a will has to be presented for registration Within Four Months from the date of its execution.

According to Section 49(c) of the Act, if a document of which registration is compulsory under Section 17 of Registration Act, has not been registered, it cannot be produced as an evidence in a court of law.

Yes, registration is necessary under the provisions of this Act. Under Section 41(1) of the Maharashtra Ownership Flats ( Regulation of promotion of construction, sale, management and transfer) Act, 1963, it is laid down that notwithstanding the provisions of any other laws, the agreement in respect of flats to be sold by the owner/promoter/developer to the flat purchaser requires compulsorily to be registered under the Registration Act.

Section 18 of the Act lays down the instruments of which registration is optional. Some of these instruments are listed as under :-
a) Instruments ( other than instruments of gifts and wills) relating to the transfer of an immovable property, the value of which is less than one hundred rupees.
b) Instruments acknowledging the receipt or payment of any consideration.
c) Lease of an immovable property for a term not exceeding one year.
d) Instruments transferring any decree or order of a court where the subject matter of such decree or order is an immovable property, the value of which is less that one hundred rupees.
e) Wills.

Section 21 of the Act deals with the provisions relating to the description of an immovable property alongwith maps or plans. It is always necessary, with a view to identify the property involved in a document, that the description of the property is mentioned in a separate schedule, preferable with maps or plans, so as to enable the Registering Authority to make notes in the books to be preserved. The description should mentioned the area of the property, the number of the property, the boundaries of the property, the streets on which it is situated, along with the name of the village, Taluka, district. The city Survey Number, with Hissa Number if any, should also be mentioned. It is the discretion of the registering officer to refuse to accept a document if the description of the immovable property is not sufficient to identify the property correctly.

Section 32 of the Registration Act, 1908 deals with the provisions relating to the presenting of documents for registration by a person. Subject to certain exceptions, every document which is to be registered under the provisions of the Act should be presented at the proper registration office by: (a) the concerned person himself/herself, or (b) the representative or the agent of such a person duly authorised in manner as isstated in Section 33 of the Registration Act, 1908.

For registration of any instrument, the original document which should be typed/printed on one side only along with two photocopies of the original have to be submitted to the Registering Officer. The copies are required to be photocopied only on one side of the paper and there has to be a butter paper between the two photocopies papers. This is done so as to prevent the typed matter from getting spoilt.
The registration procedure also requires the presence of two witnesses and the payment of the appropriate registration fees. On completion of the procedure, a receipt bearing a distinct serial number is issued.

Under Sections 31 of the Act, a provision has been made authorising the Registering Officer, on special cause being shown ( for instance if the person is physically handicapped ) to attend at the residence of any person desiring to present a document for registration and accept for registration such a document or a “Will”, provided Registering Officer is satisfied about the special cause shown is sufficient.

Section 28 of the Registration Act, 1908 states that all documents of which registration is compulsory if it relates to an immovable property as well as a few documents of which registration is optional should normally be presented for registration in the office of Sub-Registrar within whose sub-district the whole or some portion of the property to which the document relates is situated.

Section 17 of the Registration Act, 1908 lays down different categories of documents for which registration is compulsory. The documents relating to the following transactions of immovable properties are required to be compulsorily registered;

a) Instruments of gift of immovable property

b) Lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.

c) Instruments which create or extinguish any right or title to or in an immovable property of a value of more than one hundred rupees.

Under section 2(6) of the Registration Act, 1908 the term “ Immovable property” includes: “Land, buildings, hereditary allowances, rights to ways, lights, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to any thing which is attached to the earth, but not standing timber, growing crops nor grass.”

The documents are registered for the purpose of conservation of evidence, assurance of title, publicity of documents and prevention of fraud. Also, registration helps an intending purchaser to know if the title deeds of a particular property have been deposited with any person or a financial institution for the purpose of obtaining an advance against the security of that property.

Registration means recording of the contents of a document with a Registering Officer and preservation of copies of the original document.

As far as possible disputes within the society should be solved amongst the members. It is not advisable to hand over the management of the society to an administrator. Even in cases when none of the members are interested in doing the administrative work it is advisable that the society employ a paid employee. The major decisions should be taken by the members themselves. When the management of the Society is not functioning as per the provisions of the Maharashtra Cooperative . Societies Act, 1960, Maharashtra Co-operative Societies Rules, 1961 and the Bye-Laws of the Societies , then in such cases the Registrar has the discretion to appoint an administrator to carry out the management of the Society. Normally the administrator is appointed for a period , not exceeding six months. The remuneration payable to the administrator shall be decided by the Registrar and shall be paid from the funds of the society.

Carpet Area: This is the area of the apartment/building that does not include the area of the walls.

Built-Up Area: This is the area of the apartment/building including the area of the walls.

Super Built-Up Area: This includes the Built-Up Area along with the area under common spaces such as the lobby, lifts, stairs etc.

The market value means the price at which a property could be bought in the open market on the date of execution of such instrument. The Stamp Duty is payable on the agreement value of the property or the ready reckoner which is published after various studies in the market.

Yes, POA can be either revocable or irrevocable, depending on what sort of a POA one has made.

Regarding the possibility of verifying whether the seller has sold the flat to other third party you shall be required to carry out a search report of the flat before the Sub-Registrar of Assurances, if the same is registred twice it shall be depicted in the title search report provided by the advocate.

While buying a flat from a builder in a building under construction, check the following:

  • The builder has approval on the building plan along with the number of floors
  • and approval on the floor, on which your flat is
    situated. • Verify the documents for the ownership of the construction site.

In case, the

  • builder is not the owner verify the written agreement with the landlord, and
  • check the title of the land ownership with the help of an advocate.
  • Check the building bylaws as applicable in that area, and ensure that the
  • builder is doing the construction without any violation of front setback, side • setbacks, height etc.
  • Check specifications given in the agreement to sell off the Sale Brochure.

 • Check the reputation of the builder.

If any unauthorised construction has taken place at any place you could approach the local authority i.e. the municipal corporation in the relevant case who would then take proper action in the matter.

You can evict the tenant who is not paying rent or who has made permanent alterations/additions in the premises by giving him notices to this effect as required under law and proceed against the tenant in a Court to evict him.

If the landlord does not repair or maintain the property, the tenant could after giving sufficient notice to the landlord do so carry out repairs which are necessary and deduct the cost thereof from the rent.

In those residential and commercial properties owned by you and occupied by people who are not paying rent you may serve a notice in writing to the tenants for demand of the standard rent in the manner provided in Section 106 of the Transfer of Property Act,1882(IV of 1882) and after expiry of 90 days and the rent has yet not been submitted by the tenants you may then file a suit for eviction of the tenants under the Maharashtra Rent Control Act,1999 and recover possession of the tenanted premises under Section 16 of the said Act.

If one has gifted a flat to his daughter one should have the gift deed drawn out which should be witnessed by two persons. In case of both the donor and the donee it is preferable to register the said gift deed even if the flat is in a co-operative society. Stamp duty would have to be paid on the gift deed which would be 2% as per the market value of the flat.

(i) Registration of agreement for sale/documents of ownership flats when ownership flats are purchased from builders, one should register such agreements with the Sub-Registrar.

 (ii) In case of resale of flats in a society which is not registered, the registration would be required.

 (iii) In case of resale of flats in a registered Co-operative Society no registration is compulsory as per section 41 of the Maharashtra Co-operative Societies Act, 1960. However, some societies do insist that such documents be registered.

(iv) It does not really matter whether conveyance has been granted to the society or not since it is only a change of membership which takes place in a society. Thus the answer to © above is relevant even where no conveyance has been granted in favour of a society.

(v) The Registrar of Co-operative Societies has issued some time back a circular to societies whereby he has stated that all documents for transfer of flats be registered. However, under section 41 of the Maharashtra Co-operative Societies Act registration is not compulsory in case of sale of flats in societies but in view of the aforesaid circular some societies do insist on registration. (vi) The Bombay High Court has held that transfer of shares in a co-operative society is in fact transfer of immovable property for the purpose of stamp duty. However, section 41 of the Maharashtra Co-operative Societies Act is still valid and two issues involved here are different. Section 41 deals specifically with regard to the registration issue as stated above.

Yes, you need permission of the Society for keeping a Paying Guest. It depends on the Society bye-laws and rules. Some Societies keep asking for extra outgoings by way of Non-Occupancy charges

Lease is defined under Section 105 of The Transfer of Property Act,1882 and a lease of immoveable property is a transfer of a right to enjoy such property for a certain time or in perpetuity on consideration to be rendered periodically or on specified occasions, while a licence is defined in Section 52 of the Indian Easement Act,1882 and it does not create any interest in the premises in favour of the licensee excepting a mere right to use and occupy the premises for a limited duration. Both documents have now to be registered. A lease deed is required to be stamped and registered. However the stamp duty payable on lease is more than on Leave and Licence for a period upto three years. For a period exceeding three years the stamp duty is same for both agreements.

If the society is not giving you its No-objection and you still give your flat out on leave and licence, the society could file a suit against you and the licencee and take legal action.

As per Section 55 of the Maharashtra Rent Control Act,1999 registration of Leave and Licence Agreement is compulsory.  If the same is not registered, the landlord would be prosecuted and on conviction he’s subject to upto three months imprisonment or be subject to fine not exceeding Rs.5000/- or with both.

Rule 34 of the Development Control Regulations for Greater Bombay,1991 defines TDR which stands for Transferable Development Rights as under: ‘In certain circumstances, the development potential of a plot of land may be separated from the land itself and may be made available to the owner of the land in the form of Transferable Development Rights. These rights may be made available and be subject to the Regulations in Appendix VII hereto. Appendix VII lays down the rules for the grant of Transferable Development Rights to owners/developers and conditions for grant of such rights:                                                                                            1. The owner (or lessee) of a plot of land which is reserved for a public purpose in the development plan and for additional amenities deemed to be reservations provided in accordance with these Regulations excepting under certain conditions shall be eligible for the award of TDR in the form of Floor Space Index(FSI) to the extent and on the following conditions set out below. Such award will entitle the owner of the land to FSI in the form of a Development Rights Certificate (DRC) which he may use himself or transfer to any other person.

  1. Subject to Reg.1 where a plot of land is reserved for any purpose specified in S.22 of Maharashtra Regional and Town Planning Act,1966 the owner would be eligible for DR’s to the extent stipulated in Rules 5 & 6 in this Appendix after the said land is surrendered free of cost or after completion of development. 3.TDR’s will be available only for prospective development of reservations. 4.DRC’s will be issued by the Commissioner himself giving details of FSI credit. 5.The built up area for the purpose of FSI shall be equal to the gross area of the reserved plot to be surrendered. 6.When the owner or lessee also develops or constructs the amenity on the surrendered plot at his cost, he may be granted a further DR in the form of FSI equal to the area of the construction/ development done by him.

Earlier by practice  leave and licence agreements used to be  in multiples of 11 months or 12 months. After The Maharashtra Rent Control Act,1999 came into force from 1.3.2000 there is no stipulation as to whether leave and licence agreement should be in multiples of 11 or 12 months, and there is no stipulation as to total time period. Howerver as per the recent amendments, you can do a leave and license agreement now for a period upto 5 years and in multiples of 12 months each.

Floor Space Index(FSI) means the quotient of the ratio of the combined gross floor area of all floors excepting  areas specifically exempted under these Regulations to the total area of the plot

Entrustment of certain articles constituting stridhan which was presented to the wife at the time of marriage, by the husband do not constitute partnership property with the husband only because wife and husband were living together. Since essential elements of partnership do not exist, mere factum of entrustment of stridhan would not constitute any co-ownership or legal partnership as defined under Section 4 of the Partnership Act.

Registration of a firm can be affected by filing application to the Registrar of the area within which business is situated alongwith required fee and particulars regarding name of the firm, place or principal place of the firm, name of any other place of carrying on business alongwith name and address of all the partners and duration of the firm.

After dissolution of the firm, every partner in entitled to restrain any other partner or his representative from carrying on a similar business in the firm name or from using any of the property of the firm for his own benefits until the affairs are complete. It was held in a case that on dissolution of partnership, quota could not be divided as it was not an asset of partnership but a matter of privilege and the grant of its will lie with the concerned authority. Therefore, the quota, which is a license, cannot be divided on dissolution.

Where a partner has paid a premium on entering into partnership of a fixed term, and the firm is dissolved before the expiry of the term, otherwise then by the death of the partner, he shall be entitled to re-payment of the premium or of such part thereof, as may be reasonable except where dissolution was due to his own misconduct, or in pursuance of agreement containing no provisions for return of premium, or any part of it.

Every partner will be entitled to have the property of the firm applied in payment of liabilities of the firm and thereafter to distribute the surplus, among the partners. Section 46 and 48 are two main sections, which are applicable after dissolution of the firm regarding distribution of the assets of the firm and for settlement of accounts.

Where there were two partners, after the death of one, the firm will automatically come to an end. However, surviving partner may enter into partnership with the heirs of the deceased in which case that will be a new partnership firm.

Though minor may not be partner of the firm but with the consent of all the partners he may be admitted to profits of the partnership and such partner will have a share of property and profits as may be agreed upon.

I a case where the pronote was signed by one of the partners for an amount lower than what was due to the firm which was in excess of his implied authority, if the other partners subsequently agree to the same, the said pronote will be binding on the partners.

In a case of a partner bringing his personal assets in the partnership firm as a contribution to capital, his exclusive rights to the said assets will be reduced to share alongwith other partners as the property will become proprietary of the firm.

Deposits made with the firm by the partners as well as non-partners and the property purchased out of those deposits, would not be property of partnership firm. The deposits made by non-partner family members could not be deemed to be the property of the firm. The expression "purchased or otherwise" in Section 14 means that the property is to be purchased or it is to be obtained by gift or surrender or by other means, resembling with the expression "purchased".

The essential requirement of partnership at will are, (1) as to duration of partnership, there is no mention in the partnership, (2) there is no provision for its determination, However, it is not necessary that there should always be express provision of duration or determination of partnership. The real test would be intention of the parties.

It does not amount to sub letting. When a person after taking premises on rent, enters into partnership firm to carry business, it did not amount to sub letting because the premises continues to remain in possession of the tenant

  • Copy of the FIR registered in connection with said accident, if any.
  • Copy of the MLC/Post Mortem Report/Death Report as the case may be.
  • The documents of the identity of the claimants and of the deceased in a death case.
  • Original bills of expenses incurred on the treatment alongwith treatment record.
  • Documents of the educational qualifications of the deceased, if any.
  • Disability Certificate, if already obtained, in an injury case.
  • The proof of income of the deceased/injured.
  • Documents about the age of the victim.
  • The cover note of the third party insurance policy, if any.
  • 10.An affidavit detailing the relationship of the claimants with the deceased.

Victim himself or through Advocate,in the case of personal injury. Through advocate in case of minor applicant below the age of 18 years. Legal heirs themselves or through advocate in the case of death.The owner of the vehicle in the case of property damage.

Motor Accidents Claims Tribunal MACT deals with matters related to compensation of motor accidents victims or their next of kin .The Tribunal deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents.

If the vehicle which hit the person had a third party insurance then he will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal and only in such cases Insurance Company will be liable.

In case of an accident both the owner and the driver are to be impleaded as parties. In such cases the liability of the driver is only a vicarious in nature while the owner has an absolute liability.

In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/-. In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation.

A motor accident has two facets, one is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence, further liable to pay compensation to the victim. However, if the vehicle is insured, insurance company will pay.

Yes, the claimant is entitled to interest on the entire amount of compensation awarded to him in a motor accident case. The rate of interest varies from case to case and lies in the discretion of the court under the circumstances of the case.

It does not amount to sub letting. When a person after taking premises on rent, enters into partnership firm to carry business, it did not amount to sub letting because the premises

If the decree is against the one partner then the partner who had been left, has the right to be heard and he may get the stay from the executing court. In your case if the landlord had made the firm also a party and there is a decree against the firm in that case the decree against the firm means decree against all the partners.

The  Rent  Act,  was primarily in acted to safeguard the interest of the tenant . However after the amendment made in the  Rent Control Act, in the  the provisions was made that in case the tenancy is over Rs. 3,500/-, the provisions of the Delhi Rent Control Act, 1958 would not to be applicable. In the eventuality the person is governed by the normal loss relating to the contract between the party and in a tenancy said law is defined under the Transfer of Property Act. There can be no provision or term in a lease deed which can secured you 100%. However the violating of the property if the would be appropriating better if the rent is kept above Rs. 3,500/-, so that the tenant is not entitled to the protection under Delhi Rent Control Act. If the lease is to be executed for a more than a period, the same is bound under law to be register under Indian Registration Act. and if your are executing a lease over one year you should get the register otherwise the terms of the lease cannot be led as evidence in the court . Even if you write all the request terms, the tenant can still refused to vacant at the end of the tenancy in which eventuality you will have no option but to proceed to the court for eviction of the tenant which normally take a few years, however the precaution which can be taken if that is a good amount can be kept as security and further a clause should be incorporated in lease deed specifying a huge amount as damages in the even talk the tenant willing to vacate the premises.

As such there are no written grounds for condonation of delay for deposit of rent., "Sufficient Cause" is the only ground which further depends from to facts of the case and the Court may if convinced, condone such delay.

The term "sufficient cause" means a good and reasonable cause which will satisfy the court about the conduct of a person being genuine and "bonafide payment" means payment tendered genuinely and in good faith generally with the actual belief that the person to whom payment is being made is the actual owner or has valid right and title tot the particular thing/property.

If the eviction petition is on the ground of non payment of rent then the Rent Controller is under duty to pass an order for deposit of rent u/s 15 (1) of Delhi Rent Control Act. If the eviction petition is on any other ground then you have to make an application under Section 15 (2) of Delhi Rent Control Act for direction to the tenant to deposit the rent. If no rent is deposited as per order of the court, the court has the right to strike off the defense of the tenant.

You should issue legal notice to the tenant for the non payment of rent and also terminate the tenancy by way of notice, which should be of 15 days expiring at the end of the tenancy month. After the expiry of notice period, if the rent is more than Rs. 3,500/- p.m. you can file the suit for recovery of possession along with arrears of rent. You can also file an application for deposit of future rent in the court, If the rent is below Rs. 3,500/- p.m., you can file the petition for eviction on non payment of rent. If it is a newly constructed property and the letting is first letting then you can file the suit for possession irrespective of rate of rent. In such a case the Rent Act is not applicable.

The ground mentioned by you in the query for being construed as a sufficient cause, may not hold good before the court. The same might be rejected on the ground that if you are unwell, some other person could have been deputed by you to deposit the arrears or to engage an advocate to do the needful. The medical certificate may just help you to seek condonation of delay in depositing the arrears only for a few days, but not for any longer time. Further, if the tenant was present in the court and the order was passed and the tenant was aware of the same, it is immaterial that he was present there against the medical advice. If he could be present to attend the hearing, there can be no justification for not depositing the arrears on the said date.

While construing as to what is a 'sufficient cause', the courts normally look into various aspects of the case. The matter is solely at the discretion of the court concerned and if a good cause is shown, the courts normally condone any irregularity or default by a party. It is but obvious that in the situation mentioned by you, the previous advocate who has defaulted in depositing the arrears of rent, would not give his affidavit admitting his default. In such case you should file your own affidavit and further bring the proofs which would show that you had given the amount of arrears to the advocate for being deposited and it was on account of the default of the advocates that the needful could not be done. If the same is done the court would construe the same as a sufficient cause.

If you have sufficient proof to establish that two properties, i.e. one shop and one flat, are absolutely separate from each other, then it will be taken as two different properties. This can be proved by way of evidence of various persons who have visited the shop and the flat. As you have stated that there is only one receipt, the question is whether in the receipt two rents are mentioned or a single rent is mentioned ? If two rents are mentioned in a single receipt that by itself is a proof that there are two different properties. If there is single rent mentioned in the rent receipt, then it has to be seen if two properties are anywhere indicated in the receipt, which will help you to prove your case. Further, whether the shop is separable from the residential portion, the same is also a fact to prove that there are two different properties, i.e. a shop and a flat. In your case the different users, itself proves that there are two separate properties and you can always claim compensation for two properties.

You have not specified in your question as to what is the monthly rent of the premises and as to whether the Agreement under which it was taken was in writing and was registered and what was the duration of the tenancy. Further you have also not mentioned about the nature of the litigation pending in the Court. In any event in case the monthly rent is below Rs. 3,500/-, the provisions of Delhi Rent Control Act, would be applicable, wherein you can be evicted only under certain specified grounds which includes not payment of rent , subletting of the premises, bonafide requirement of the landlord etc. In case the monthly rent is above Rs. 3,500/- and agreement is registered (if over one year) then the terms of the lease would prevail. The landlord under such circumstances is liable to serve you with a notice under Section 106 of the Transfer of Property Act giving 15 days time on the expiry of the tenancy month for terminating the tenancy. Thereafter, he has to file a suit for ejectment which will be tried by the Court. The landlord cannot forcibly evict you from the premises and the procedure before the Court will take few years to be decided. The strength of your case can only be told on having details of the case. You should however, pay the rent to the landlord either by sending the same by money-order or by depositing the same in court in the litigation already pending.

If the rent is less than Rs. 3,500 then subletting a one of the grounds for eviction u/s 4 ( d) Rent Control Act. If the rent is more than Rs. 3,500 then there is no formal condition agreed upon between the landlord & tenant about the subletting in that eventuality . The landlord has the right to make the lease on account of subletting. Under the termination of lease the landlord has the ground to file a suit for possession.

Standard rent is the rent which the land lord is expected to receive from the tenant. Standard rent is only provided if the property is under Rent Control Legislation . Under Section 6 the Standard rent to be fixed. Under the provisions of Delhi Rent Control Act the application for the fixation of Standard Rent Act can be moved within two years of the creation of the tenancy. Delhi Rent Control Act will be applicable only if a the rent is less than Rs. 3,500/-

Landlord is the person who has the right to receive rent. Mere acceptance of rent does not make `B' the landlord unless he has the legal right to receive the rent.

A relationship of landlord and tenant is created by contract. Mere payment of rent does not necessarily establish relationship of landlord and tenant. A was found to be the tenant, the fact that a firm made payment of rent on behalf of A who was partner of that firm would not make the firm a tenant.

The crucial test in each case is whether the instrument is intended to create or not to create an interest in the property the subject matter of the agreement. If it is in fact intended to create an interest in the property it is a lease, if it is does not it is a license. In determining whether the agreement creates a lease or a license the test of exclusive possession though not decisive is of significance.

When a landlord mortgages the premises to his tenant, then no redemption of the mortgage the landlord does not ipso facto get the right to eject the tenant. When mortgage is executed the question whether the tenancy stood impliedly surrendered or not is the yardstick. If it is, the landlord gets the right to evict. There is no question of merger of the two rights, for neither of them is a higher or lesser estate.

The tests for determining if a lease is for manufacturing purpose are (1) that it must be proved that a certain commodity was produced, (2) that the process of production must involve either labour or machinery, (3) that the end product which comes into existence after the manufacturing process is complete, should have a different name and should be put to a different use. In other words the commodity so transformed as to lose its original character.

What s. 106 requires is that a lease from month to month is terminable on the part of either the lessor or the lessee by 15 days' notice expiring with the end of a month of the tenancy. A legal termination of the monthly tenancy thus requires two conditions to be fulfilled viz. That there must be a notice terminating the tenancy giving 15 day's notice and it must be expire with the end of the tenancy month. A notice giving mere 15 days' time by itself will not answer the requirement of s. 106 but it must also indicate that the 15 days' period must expire with the end of the tenancy month.

The basis distinction between joint tenants and tenants in common is that in case of joint tenants there is unity of title and possession, while in the case of tenants in common, though there is a unity of possession there no unity of title.

When a tenant continues in possession after expiry of the term contemplated on an unregistered deed of lease, and pays rent, he is a tenant by holding over from month to month, the unregistered lease deed being inadmissible and term of lease being not a collateral purpose. For his eviction notice under Section 106 of the Transfer of Property Act Act is mandatory.

The right to eject tenant acquired by the erstwhile Board of Trustees acquired by giving notice to quit ensured for the benefit of the successor of the Board of Trustees. Therefore the suit for ejectment filed by the successor Board was competent. It is no doubt true that per se Section 109 of the Transfer of Property Act does not apply to the facts of the instant case. It contemplates transfer of lessor's right inter vivos. But when right, title and interest in immovable property stand transferred by operation of law, the spirit behind s. 109 per force would apply and successor in interest would be entitled to the rights of the predecessor.

In a Co-owner's suit for recovery of proportionate rent and splitting up of tenancy, it is open to a co-owner to pray for a decree for his share of arrears of rent by filing a suit on the basis of unified and integral tenancy and without making any effort to split up the same. It cannot be said that a co-owner must sue for the entire arrears of rent and if he does not do so he cannot maintain an action.

It is not correct to say that whenever a rate of rent is altered, a fresh tenancy come into being and the old tenancy stands surrendered by implication. Landlord accepting an enhanced rent during the terms of tenancy say at 18th year when the tenancy was for 20 years, it cannot be said that the earlier lease has not been surrendered by implication. The old lease subsists and the end of the term the tenancy comes to an end by efflux of time.

If after expiry of the period of tenancy or after his determination a tenant continues in possession without landlord's consent, the said person (tenant) holds the property as tenant at sufferance having no interest. For his ejectment no notice is necessary. But a tenant by holding over is different. To be tenant by holding over he is to continue in possession after the efflux of time with the consent express or implied of the owner. It is a creature to bilateral consensual act. It is not created by unilateral intendment.

Under the Delhi Rent Control Act, no suit for eviction of a tenant can be filed. Section 50 of the Delhi Rent Control Act, clearly bars the jurisdiction of a civil court. For evicting a tenant a petition can be filed only under the grounds mentioned in the Delhi Rent Control Act, before a Rent Controller

Under law any subletting by a tenant has to done by a written consent given by the landlord, who has let-out the premises to the tenant. In case there is no written consent to the tenant by the landlord to sublet, any subletting done by the tenant is illegal and in such an eventuality the tenant should be liable for eviction from the premises.

Yes, such a demand is justified. One single room is required for the grown up child who should be free to use and live in that room in the manner he likes and should be free to devote his time to his studies without disturbance. The ground is justified and bone fide requirement can be proved on this ground.

The essential things required for filing an eviction petition by a widow are that she should be the land lady of the premises and the premises should be required by her for her own residence. The said apart nothing else is required to be proved in such a case.

The best person to prove bona fide requirement of a landlord is the landlord itself. In case you could not appear before the court for some extreme reasons, you should have got yourself examined on commission. The court generally takes an adverse inference in case the landlord himself does not appear for leading evidence for a bona fide requirement. It would be appropriate that even now you should filed an application for your own evidence in the court and you should not rely upon the evidence given by your Power of Attorney.

You have not disclosed in your query as to what order has been passed by the Appellate Court. Whether any stay has been granted by the Appellate Court or not. If any stay has been granted then what conditions. Normally when any appeal is admitted or put for hearing the Appellate Court always passes an order for payment of decretal amount with a condition that the decree holder can withdraw the amount on furnishing some security. If any order has been passed in this regard by the Appellate Court then you have to deposit the amount. If you don't deposit the amount then normally the appeal is dismissed. If the decree passed is totally illegal then in that case you can tell the court that no amount is payable. And you also pray to the court that you are in very bad financial condition otherwise your appeal will be dismissed.

When a writ petition is filed against the illegal dismissal on termination of service legally it is not possible by any court to grant any maintenance allowance or legal expenses till disposal of the writ petition. There is no precedent in this regard nor any court pays the maintenance allowance. The only remedy available to you is to file an application for early hearing and get the matter decided as early as possible

As regard the breach of the employment bond given by an employee in this regard it is advised that if an employee has signed a bond after he get specialized training from the company then a civil case can be filed against him for recovery of the amount mentioned in the bond if there is any breach. As regard the company that employs him subsequently, there is no liability of the company, which employs him subsequently. Breach of bond is not criminal breach of trust it is of civil consequences and that also have to be proved in the Court of Law. In no manner it can be termed as criminal breach of trust.

You have not disclosed about your term and condition of Employment. Anyhow if the company terminates your services and they have to pay the severeance benefit as the contract. If as per the terms and conditions of your contract or service if no severeance amount or benefit is payable on resignation then you can demand the same from the company if you resign from the service. However if the company has paid the severeance benefits to other employees who have resigned then in that case if you file a case in the court of law on the ground that other person or employees have been paid the severeance benefit after they have resigned and you are accordingly entitled then you must get this severeance benefit. It is advised that persons who have resigned and have been paid severeance benefits you can collect the documents from them to show that severeance benefits were paid to the employees who have resigned from the company .

The citation and the ratio of the case you have asked for is given hereunder : Ajit Singh II v. State of Punjab, (1999) 7SCC 209 : 1999 SCC (L&S) 1239 "The word "employment " being wider, there is no dispute that it takes within its fold, the aspect of promotions to posts above the stage of initial level of recruitment. Article 16(1) provides to every employee otherwise eligible for promotion or who comes within the zone of consideration, a fundamental right to be "considered" for promotion. Equal opportunity here means the right to be "considered " for promotion. If a person satisfies the eligibility and zone criteria but is not considered for promotion, then there will be a clear infraction of his fundamental right to be "considered" for promotion , which is his personal right." (para 22) "It is not possible to accept the view expressed in Ashok Kumar Gupta ,(1997) 5 SCC 201 and followed in Jagdish Lal, (1997) 6 SCC 538 and other cases, if it is intended to lay down that the right guaranteed to employees for being "considered" for promotion according to relevant rules or recruitment by promotion (i.e. whether on the basis of seniority or merit) is only a statutory right and not a fundamental right." (Para27)

There is nothing illegal if there is no mention of salary breakup and employers PF included as part of the Gross Salary. The PF can be deducted as a Contribution of employee from the Gross Salary. In addition the employer has to contribute his share of PF subject to maximum privilege prescribed in Section 6 of Act.

The employer can not send an employee on forced leave without initiating any disciplinary proceedings against an employee. Only after necessary show cause or charge sheet has been issued and after holding disciplinary inquiry or proceedings, the employer can legally punish you. If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act.

The employer can not send an employee on forced leave without initiating any disciplinary proceedings against an employee. Only after necessary show cause or charge sheet has been issued and after holding disciplinary inquiry or proceedings, the employer can legally punish you. If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act.

Yes, you can claim all the benefits, which the company has not paid you after your resignation. You can file a civil suit against the company and claim those dues. In case you are a "workman" within the definition of Industrial Disputes Act, you can file a petition under Section 33 (c) (ii) of the said Act and claim your benefits.

Your senior has no power whatsoever to order another enquiry on the basis of the same facts and materials against you. But in case some new facts and materials come into light such enquiry can be ordered.

Bonus is something given in addition to what is usual or strictly due; money or anything given in addition to an employee's usual pay or salary. The payment of Bonus Act 1965 provides for payment of bonus to persons employed in a factory and in every other establishment employing twenty or more persons. In calculating bonus, interest earned by a company on fixed deposits is to be excluded.

Bonus is something given in addition to what is usual or strictly due; money or anything given in addition to an employee's usual pay or salary. The payment of Bonus Act 1965 provides for payment of bonus to persons employed in a factory and in every other establishment employing twenty or more persons. In calculating bonus, interest earned by a company on fixed deposits is to be excluded.

Judgement relating to consumer court can be found in the reporters called CPJ (Consumer Protection Journal) punished from Delhi.

On what date the payment was made because the limitation for filling the suit for recovery of the amount is three years from the date of the contract. It can further be from the date of supply of the machine, which ever is later. The limitation can also start afresh if any part payment is made. Then three years period is to be constructed from the last payment. In your case it appears that no payment has been made. So please file the recovery suit immediately if it is within time. If the guarantee period have expired the hospital can not claim the replacement of the machine.

After the decision of the case by the Consumer Court you can file an application for execution of the order if the telephone is not installed. At the same time you can also call upon the authorities to take action against the guilty officer in view of the decision given by the Consumer Court in your favour.

No. DESU (DVB) is not immune from the Limitation Act which prescribes a period of 3 years for filing of Suit for recovery of any amount. As such DESU cannot claim the misuse charges for the period before 1993.

In your case it seems that the DVB has been unnecessarily harassing you, the remedy available to you under the law of the land is to file a Writ Petition in the High Court praying for quashing of the dubious order of the DVB and also for action against the erring DVB officials. You can also in the said writ petition plead of having been discriminated against persons similarly situated who have got the electric connection. All documentary proof in support of your contentions should be filed along with a writ petition. The said remedy would also be appropriate for you, since the same with circumvent filing of any fraudulent case tempering of meter against you by the DVB.

The provisions of section 343 and 344 of the DMC Act are mandatory. The demolition order is bad in law as no show caused notice was served on the owners.

In determining the rateable value, the Assessor will first have to examine whether this amounts to an addition in the premises of the existing tenant so as to attract the provisions of section 7 of the Act. If the rest of the new building was self-occupied till portion of the same was let out, the provision of section 7 would not be applicable in determining the standard rent of the rest of the new building. The standard rent of the same will have to be determined by applying the provision of section 6 of the Act, which requires the taking into consideration of the market price of the land on which the premises are constructed.

In the present case, the M.C.D is justified in increased the rateable value from time to time when portions of the new building are let out.

The determination of the rateable value of the old building by invoking the provisions of section 9(4) of DRC Act is not valid. The N.D.M.C was bound to determine the rateable value by applying the provisions of section 6 and not section 9(4). The assessment should be quashed and the case remanded .

It is an offence punishable under section 498A of the Indian Penal Code, 1860, which is imprisonment for a term which may extend to three years and shall also be liable to fine.

Under the provisions of Criminal Procedure Code on the refusal of a Police Officer to register the complaint you can send the complaint by Registered Post to the Deputy Commissioner of Police of that District under whose jurisdiction that Police Station falls. This is provided under Section 154 (III) of Criminal Procedure Code. Said DCP is under duty to register the FIR if it discloses the offence. In the event of failure on the past of either to register the complaint, you can then file the complaint before the Metropolitan Magistrate under Section 190 of the Code of Criminal Procedure.

In cases of offenses of minor nature Supreme Court decision in the case "Common Cause Vs Union of India & Ors" reported in AIR 1996 Supreme Court 1619 certain provisions have been made where if the cases are pending for long duration, the court has the power to close the case. Kindly specify the nature of your case or see the above state judgement. In other cases not covered under the said judgment, you can only file the mercy petition under Article 136 of Constitution as SLP for reduction of sentence.

Offenses of the cheating and criminal breach of Trust can be committed in respect of immovable properties. Please read section 420, 405 and 406 of Indian Penal Code which squarely covers the offenses in respect of immovable property.

Any citizen can file an FIR of theft of the above said telephone wire whether it belongs to you or belongs to any other person. The said FIR will be lodged under Section 379 of Indian Penal Code.

The entrustment shall not be taken as technically actual transfer of the property. Even if the owner is in possession of the property, he is holding the property as a trustee on behalf of the person from whom money is taken. The Supreme Court has rightly held that for the offence of breach of trust the property in question must belong to a person other than the person to whom property is entrusted, but in your case the property now belongs to the person from whom the money is taken and you are retaining the property on behalf of that person. In your case if you sell the property you are liable for criminal breach of trust. Now suppose if you have handed over the property to the person from whom you have taken the money and if that person has returned you the property as a trustee in that case you are liable for criminal breach of trust. For more specific answer we need the terms of hypothecation agreement. Please refer (1971) 1 SCJ 132 and AIR 1951 Punjab 103.

The provisions of Sections 406, 407 and 409 Indian Penal Code relate to the offence of a carrier / vehicle or an agent committing a Criminal Breach of Trust. In the event of any property having been entrusted to a carrier / vehicle or an agent and the same having been misappropriated or converted to its own use, the person concerned is liable for punishment under the said provisions. If there is no allegation in the FIR or the Charge sheet against your friend of having been entrusted with any property and if he is being accused only on account of his being the son of the Vehicle owner, your friend is liable to be discharged from the case. Keeping in view the delays in the Indian Courts, it take sometime before such a decision can be taken and as such there is no need to be alarmed in the matter.

Yes. It is an offense u/s 406 of Indian Penal Code because the language of the Section categorically provides that if a person with dishonest intention violates the legal contract which prescribes the mode in which the TRUST is to be discharged then it amounts to Criminal Breach of Trust.

There are various situations in which a person can be arrested without warrant. The Code of Criminal Procedure 1973 provides for some of these situations. Under Section 41 of the said Act prescribes for many such situations which are discussed hereunder: i) a person who is concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists of his having been so concerned. ii) if a person is found in possession of any implement of house braking without lawful excuse . iii) if a person is proclaimed offender . iv) if a person is found in possession of a property suspected to be stolen and there is reasonable suspicion of his committing the offence v) if a person obstructs a police officers in execution of his duty or has escaped or attempts to escape from lawful custody. vi) if a person is reasonably suspected of being a deserter from any Armed forces of the Union. vii) a person against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists of having been concerned in any act committed outside India which would have been a punishable offence in committed in India and for which he is under any law relating to any extradition, or otherwise, liable to be apprehended or detained in custody in India. viii) a person who, being a released convict, commits a breach of any rule made under sub-section (5) of Section 365. xi) a person for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. Under Section 42 0f the said Act any person can be arrested who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. But when the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, or appear before a Magistrate is so required. Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India. But if the true name and residence of such person could not be ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. Under Section 43 of the said Act a person can also be arrested by a private person who in his presence commits a non- bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. If the police officer has a reason to believe that such person comes under the provisions of Section 41, a police officer shall re-arrest him. If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of Section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. Under Section 44 of the said Act when any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest of order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. Any Magistrate, whether Executive or Judicial, may order arrest of a person in circumstances to issue a warrant. But in all these cases the person arrested has to be produced before the Magistrate or the officer in charge of the police station without unnecessary delay as per Section 56 of the said Act. Also a person cannot be detained in custody for more than 24 hours without the permission of the Magistrate as per Section 57 of this said Act. Police in all such cases has to report to the District Magistrate or the Sub-Divisional Magistrate about the arrest and also the status of bail as per Section 58 of this said Act. A person can also be arrested without warrant as per certain local laws as applicable from place to place. For example in Delhi as per the Delhi Police Act 1978, a person can be arrested without warrant if an offence u/s 11 of Prevention of Cruelty to Animals Act, 1960, is committed in presence of the Police Officer. Thus it also depends on the area of your residence or on the place where the alleged act in contravention of law is committed and the local law applicable there.

Any citizen can file an FIR of theft of the above said telephone wire whether it belongs to you or belongs to any other person. The said FIR will be lodged under Section 379 of Indian Penal Code.

The entrustment shall not be taken as technically actual transfer of the property. Even if the owner is in possession of the property, he is holding the property as a trustee on behalf of the person from whom money is taken. The Supreme Court has rightly held that for the offence of breach of trust the property in question must belong to a person other than the person to whom property is entrusted, but in your case the property now belongs to the person from whom the money is taken and you are retaining the property on behalf of that person. In your case if you sell the property you are liable for criminal breach of trust. Now suppose if you have handed over the property to the person from whom you have taken the money and if that person has returned you the property as a trustee in that case you are liable for criminal breach of trust. For more specific answer we need the terms of hypothecation agreement. Please refer (1971) 1 SCJ 132 and AIR 1951 Punjab 103.

You should immediately contact the Local Police Station and lodge complaint against the person from whom you have received the note. This is important for you to prove your bonafide.

Section 320 of the Indian Penal Code defines Grievous hurt. Grievous hurt includes fracture or dislocation of bone or tooth. In your case it seems that tooth of one of the person was broken, the punishment for such a small looking thing is much grave. Section 325 provides for the punishment for voluntarily causing Grievous hurt which is imprisonment upto the maximum of seven years along with the fine.

In India having intercourse with a Female of less than 16 years of age is an offence. Your friend can land up in problem if he does so a criminal case can be filed against him if it comes to light.

Mere pendency of a civil proceeding concerning the matter involved is no bar to initiation of criminal proceeding provided the action complained amounts to a criminal offence.

It is well settled that criminal liability cannot be fastened to the heirs and the legal representatives of a person, who is said to have been guilty of the offence in question. Moreover, it is specifically provided in Section 118 of the Negotiable Instrument Act that proceedings under the complaint alleging offence under Section 138 of the said Act cannot be filed against legal representatives of the person who had is sued the cheque. The complaint filed by the financer against you is nothing but abuse of the process of court. You may approach the High Court for quashing of the said complaint by filling a petition under Section 482 of the Code of Criminal Procedure by referring to a recent judgment of the Bombay High Court in the case of Savita H. Sorle and others Vs. Rajesh Damidar Sarode and another reported as 2006(3) R.C.R. (Crl) 216.

It is better to first complaint to the manufacturing company and service centre and wait for their response. If even then your problem is not removed you can approach consumer court which can grant appropriate relief to you.

The granting or refusing loan is under discretionary powers of bank. There is no right of a person that he must get the loan. The bankers have to see many things before granting loan. The consumer courts can not hear complaints in discretionary matter. Consumer courts have no jurisdiction to entertain such complaint.

 

The action of dealer clearly falls under the definition of restrictive trade practices given in Consumer Protection Act. The dealer has no authority to stop your connection if you do not want to buy gas stove from him. The consumer court can order him to release the connection.

This is clearly unfair trade practice under Consumer Protection Act. A complaint can be filed in court against the college. You have to submit documentary evidences such as brochure etc. of the college along with complaint. The court can certainly award suitable relief to you.

As the LIC agent are not authorized to collect the premium on behalf of LIC, so LIC can not be held responsible for any omission by its agent for which agent has not authority. As such no action can be taken against LIC.

You can certainly approach the Consumer court and get the compensation from courier company. In practice, compensation in such cases is allowed only of nominal amount. Many times, it is restricted to the amount of maximum liability as printed in courier receipt.

The Post Office Act provides immunity to all the postal employees for the loss or damage of article in transit. Except such lost is due to intentional negligence or willful act of the postal department employees. So you can get relief from Consumer court only when you will be able to prove that your document lost due to intentional negligence or willful act of the postal department employees.

 

For taking action against Doctors and Hospital authorities, it is must that death should be because of their negligence. They had acted contrary to the normal standards of service. You have to prove the negligence in the court through various documents and witnesses. Most of the times, you will require an expert witness to prove your case.

 

Your case certainly comes under the deficiency of service, it is the duty of railway to maintain safe conditions in their compartment. The services by railway are provided against consideration so you can definitely takes action under Consumer Protection Act for relief.

 

Through various Judgements of Supreme Court and various Consumer Courts it is now crystal clear that medical services and doctors comes under the preview of Consumer Protection Act. Any one can make complaint against them in Consumer court and if found true relief can be granted in the shape of compensation and cost.

 

Yes, You do not have to be a lawyer to argue before consumer courts. However if the matter is a complicated one it is always advisable to engage someone including a lawyer with necessary experience in such matters. By a series of judgments, the Courts have granted a party to the proceeding before the District Forum/State Commission the right to authorise a person of his choice to represent him and also to examine and cross-examine the witnesses, address the Court and take part in the proceedings as the case may be.

No, the Consumer Courts are only meant for the ordinary consumers who have bought goods & services for their own use or needs. Those who buy the goods/services for commercial purposes or resale purposes are excluded from the act. Consumer forum is not meant for businesses ,firms and Industries but for the common man/consumer looking for quick & effective justice.

Yes, consumers having the same problem can join together and file a single complaint. This can be done by enclosing a petition with the complaint for joining together and filing a complaint. This petition should just state that since the facts and circumstances relating to the complaint are the same and also since the same relief is to be claimed for all the petitioners they may be allowed to join together and file a single complaint.

in case of matters relating to delivery of possession the cause of action for filing from the date the builder promises the date for delivery of possession till it is handed over. It can be said that in such cases the Apex Court has held that the cause of action is said to of a continuous nature.

Yes ,But only under certain Circumstances. If the time limit expires but you are still able to satisfy the Forum or Commission about the reasonableness in the delay, your complaint can still be taken up. However, the delay for every single day has to be explained

Yes, the time limit is within two years from the date on which the cause of action arises. This would mean two years from the day the deficiency in service or defect in goods has arisen/detected.

Under the original un-amended Act of 1986, no requirement of payment of Court-fee or any other formal procedure of Court was contemplated. However, after the amendment of 2002, there is a nominal fee you may have to pay for filing a complaint. For example in the District Forum located in Delhi the fee structure is as follows – 

  •     Up to 1 Lakh – Rs.100
  •     2.1 Lakh & above but less that 5 Lakhs – Rs.200
  •      3.5 Lakhs & above but less that 10 Lakhs – Rs.400
  •     10 Lakhs & above but less that 20 Lakhs – Rs. 500

You will have to pay the specified fee in the form of a crossed demand draft drawn on a nationalized bank or through a crossed Indian Postal Order in Favour of the Registrar of the State Commission & payable where it is situated. The concerned District Forum shall deposit the amount so received.

Your complaint has to be clear ,definite and precise. All your facts and documentation must be in order. You will have to include -

(a) A cause-title.

(b) The complaint should, if possible have a heading
(c) The name, description and address of the complainant.(your name)
(d) The name, description and address of the opposite party or parties as the case may be, so far as they can be ascertained.
(e) The facts relating to the complaint and when and where it arose.
(f) How the opposite parties are liable to be proceeded against and why are they answerable or accountable to this petition.
(g) Copies of documents in support of the allegations contained in the petition. Complainants are advised to keep copies of the complaint / petition and all furnished documents for their records. A list of documents should also be furnished along with the complaint, duly signed by you.
(h) You would also need to state how the case falls within the jurisdiction of the tribunal-whether the opposite party resides or carries on business or has a branch office or personally works for gain within the jurisdiction of the forum or whether the cause of action (damaged goods or deficient service) arose within the Forum’s jurisdiction.
(i) You are also entitled to claim the costs of your complaint from the opposite party. Hence include that amount in your complaint.

Pecuniary Jurisdiction  

 

a) In cases where the value of goods and services involved is less than Rs. 20 Lakhs in value, you will have to file the complaint in the District Forum constituted in the specified districts of a State.
b) In cases where the value of goods and services involved is more than Rs. 20 Lakhs in value but does not exceed Rs 1 crore you will have to file the complaint with the State Commission constituted in the capital cities of the different states
c) In cases where the value of goods and services involved is more than 1 crore in value then you can file a complaint with the National Commission which has been constituted only in New Delhi.

Territorial Jurisdiction.

 

The jurisdiction of the complaint is determined by the facts of the case and where the cause of action arises. Further, when you file a complaint, the area in which the opposite party resides or carries on his work or business will also have to be taken into consideration by you. This means that if you are filing a complaint against a service provider for a sum below 20 lakhs you would have to approach the District Forum in the jurisdiction where the cause of action arose. If the matter is above 20 lakhs but below 1 crore then it would be filed in the State Commission within which State the trader/ service provider/ manufacturer is located in the state in which the trader resides or works in. These two factors will have to be kept in mind while filing your complaint.

A consumer  would have to check where the jurisdiction would lie and then ascertain the value of the claim. The consumer will have to file your complaint depending upon the amount of money or compensation he wants from the opposite party for the deficient service the opposite party has provided to him  for the defective product that the consumer has been sold.

Any person who can be termed as a consumer under the Act can make a complaint. The following are the persons who can file a complaint under the Act :

  • a) a consumer; or
  • b) any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force, or
  • c) the Central Government or any State Government,
  • d) one or more consumers, where there are numerous consumers having the same interest.

The opening of a confirmed letter of credit constitutes a bargain between the banker and the vendor of goods which imposes on the banker an absolute obligation to pay. Duties of a bank under a letter of credit are created by the document itself, but in any case it has the power and is subject to the limitation which are given or imposed by it, in the absence of appropriate provisions in the letter of credit. The banker owes a duty to the buyer to ensure that the documents tendered by the sellers under a credit are complied with.

Gold ornaments pledged with a Bank as security for loan obtained do not fall within the term "security" or "debt" and as such, bank cannot insist on a succession certificate when on the death of pledgor his successor approaches the bank for release of ornaments on payment of all dues.

Subject to Bank's right to sue for arrears the customer concerned the bank is to allow the operation of one current account, which will be free from the incidence of banker's lien so as to enable the party to carry on its normal day to day business transactions, to obtain letters of credit at full margin and to enable payment on several heads.

As a general rule a banker before accepting a customer, must take reasonable care to satisfy himself that the person in question is of good reputation; and if he fails to do so he will run the risk of forfeiting the protection given by S.131 of the Negotiable Instrument Act but 'reasonable care' will depend on the facts and circumstances of the case. The courts have tended to accept the practices and procedures which bankers lay down for themselves, but that can by no means be decisive.

When there was promise to marry but the man resiled from it, it is a breach of promise and this breach is actionable. You are entitled to award of damages.

You are entitle to the refund of money paid by you to the seller on account of his failure to perform his part of the contract. In case the seller fails to refund the said amount, you can file a suit for damages cause by breach of contract by the seller. You can also file a suit for specific performance of the contract, if you want to take the flat.

Section 27 of the contract Act, provides that any agreement in restrain of trade is void. In view of this provision, you cannot legally enter into an agreement with a Firm whereby that Firm will not bid for a public auction of the Govt.

You cannot sue the Company as no fraud has been committed by the Company on account of non-disclosure of information relating to previous offer or any past transaction. The Company is not obliged to disclose such information relating to previous offer to any other company.

No the other party cannot change the term of the contract as the proposals made by you had been accepted. As such, the contract is completed even though the formal agreement has not been concluded. Any unilateral change in the agreement without your prior consent, amounts to breach of the terms of contract.

Parties to a contract can orally select a court for the purpose of jurisdiction when more than one courts have concurrent jurisdiction. Such a contract neither is opposed to public policy nor barred by Section 20 of Indian Contract Act.

Suit on breach of contract may be filed at the place where it was made or at the place where it should have been performed and the breach occurred. Mere making an offer does not constitute cause of action in a suit for damages for breach of contract. But when it was accepted, suit may be filed at the place of acceptance.

If a suit is brought against a common carrier for loss, damage or non-delivery of the goods entrusted to it, it is not for the plaintiff to prove that the loss, damage or non-delivery was due to the negligence of the carrier, his servants or agents. Negligence is presumed from loss of or injury to goods.

Condition printed on the consignment note to the effect that the carrier company would stand discharged from all liability for any loss or damage, does not result in absolving the carrier company of the liability in absence of special contract signed by owner of goods.

The consignor is entitled to sue for the carrier either on the basis of title, if the property in the goods has got passed from him or on the basis of the privity of contract between himself and the carrier for the carriage of goods. If the true owner of the goods has failed to bring an action against the carrier for the loss of or damages to the goods, the consignee is not without remedy. Courts have power to circumnavigate technical hurdles to prevent miscarriage of justice. The consignor, though without title, had privity of contract with the carrier for carriage of goods and so is allowed to sue on it.

A common carrier in India is not merely a bailee as we understand and his liability against the loss or damage is more than what Sections 151, 152 and 161 of the Indian Contract Act 1872 provide. He is an insurer of the goods so to speak and in the absence of a special contract under Section 6 his liability is absolute. By entering into a special contract under Section 6 of the Act, the common carriers' liability may either be governed by the Indian Contract Act 1872 or by the English Common Law.

Basically there are two essential elements of the contract:

  • a) an agreement
  • b) which is legal and enforceable by law.

    Two essentials of agreement are   1) offer  2)  acceptance

 

        According to Sec 10 of the Indian Contract Act the following conditions must be fulfilled to make it enforceable in the eyes of law;

  •  parties are required to be legally competent to enter into an agreement
  •  parties must have exercised free consent
  •  there must be a lawfull object and consideration
  •  the agreement must not be otherwise void.

The exemption is required to be printed in the document of the contract and clearly mention in it. An important condition is required to be directly brought to the notice of the acceptor. If nothing is mentioned at the initial stage of the contract then a subsequent note cannot be incorporated.

the communication media becomes the instrumentality of the proposer, or in other words the agent of the proposer.  As such , a letter posted with proper stamp and correct address, or telephone made or a telegram sent or a leer sent by fax must be taken as complete as against both the parties. But a cut – off communication or a dead letter box or a disconnected fax system or a dead telephone line cannot set the acceptance in the course of transmission.

unless the proposer dispenses with the communication of acceptance , acceptance is complete when it is communicated. Silence is no acceptance.

Promise between the parties not intended by them to be legally binding cannot be enforced.  Social agreements are kept out of the realm of the contract .

 

60% of the flat purchasers/promoters are required to join the registration proposal if building is constructed by builder/developer. 
90% promoters are required to join the registration proposal for society of open plot type category.

The Agreement between the Flat Purchaser and another purchaser is not governed by the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and therefore, it is not necessary to have such an Agreement registered with the Sub Registrar of Assurances.

The law relating to purchase of a flat from a builder is not governed by Maharashtra Co-op. Societies Act but is governed by The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale , Management and Transfer) Act, 1963. Under Section 4 of the said Act it is necessary that Agreement has to be in writing and it must be duly registered. Therefore, such an Agreement between the Builder and Flat Purchaser has to be in writing and has to be stamped as per Bombay Stamp Act 1958 and needs to be registered.  The aforesaid answers are with respect to the transfer in the co-operative societies.

Section 41 of the Maharashtra Co-op. Societies Act Specifically provides for exemption from compulsory registration of an Instrument relating to shares and debentures of the Society. Nothing in clause (b) and (c) of sub – section (1), of section 17 of the Indian Registration Act, 1908, shall apply to any instrument relating to shares in a society, notwithstanding that the assets of the society consist in whole or in part of immovable property. Therefore, under the said Section it is specifically mentioned that such an Agreement does not require registration. In fact it has been held by Bombay high Court in its Judgement in USHA DONGRE VS. SURESH KOTWAL reported in 1990 Maharashtra Law Journal 306 that such an Agreement does not require Registration . Therefore, such an Agreement is not required registration with the Sub-Registrar of Assurances

The stamp duty is payable only if an Agreement for Sale has to be executed in writing. In case of Oral Agreement for Sale of shares and the rights in property by a member to intending Purchaser, if there is no Agreement in writing, then the question of payment of any Stamp Duty does not arise.

Under the Contract Act there can be an oral agreement which is not in writing. Such an oral Agreement is valid and binding on the parties thereto. Under the Transfer of Properties Act also it is not necessary to enter into an Agreement in writing for the sale of the shares or rights of a member in the properties of the Co-operative Society. Such an Agreement can be an oral Agreement. The Maharashtra Co-op. Societies Act, 1960, Maharashtra Co-operative Housing Societies Rules, 1961 and the Model Byelaws of Co-operative Housing Societies, no where mention or provide that such an Agreement should be in writing. The High Court of Judicature at Bombay in its Judgement passed in Writ Petition No. 2094 of 1994, Shri. Harish G. Bulchani V/s. Shri. Subhash Manoharlal Arora and Others reported in 1992 (2) All Maharashtra Law Reporter, Page 349, that if a member or Intending Purchaser does not produce Agreement for Sale and if its not required under the Maharashtra Co-operative Societies Act, Rules or Bylaws then it could not be a valid the ground of refusal to transfer the shares and the rights of a member in a property of the Co-operative Housing Society. Therefore it is not necessary for a transferor or transferee to produce any Agreement or copy thereof to the Co-operative Housing Society.

By resorting to the provisions of section 101 of the Maharashtra Co-operative Societies Act the co-operative society can seek for recovery of the amount due from the defaulters by adopting the following means,

  • the society has to give a notice to the defaulter giving him opportunity to make the payment of the dues within the specified period.
  • ii) upon the failure of the defaulter member to make the payment of the outstanding dues , the managing committee has to pass resolution in its meeting for taking action against the defaulter U/S 101 of the Act and authorizing the Secretary of the society to sign all the documents required to be submitted before the Registrar of the Societies.
  • the Secretary has to make an application to the Registrar of the Co-operative Societies.
  • On receiving the application the registrar would give hearing to the member and verifying the records and satisfying about the correctness after making the enquiries , if deem fit would issue a certificate for the recovery of the dues.
  • On receipt of the certificate under section 101 from the registrar the recovery officer has to prepare a demand notice of the dues.
  • The demand notice has to be again served upon the defaulter by the recovery officer and upon the receipt of such demand notice the defaulter does not pay the demand amount , the recovery officer shall visit the flat and prepare inventory of the moveables and hand over the same to the member as well as to the secretary.
  • Thereafter the sale officer shall fix a date, time and place for such auction of the moveable property seized from the defaulter member.
  • In the event the sale proceeds of the moveables are found insufficient to cover the outstanding dues in full, the sale officer will proceed against the flat of the member concerned by arranging auction of the flat to recover the balance of the dues.

Yes , the society can recover different rates for different types of vehicle e.g. 2 wheelers, 3 wheelers, 4 wheelers .

The management of the affairs of the society shall vest in the committee duly constituted in accordance with the provisions of the Co-operative Societies Act, its Rules and the Bye-Laws of the Society.

The annual general meeting of the society shall transact the following business,

  • to read the last annual general meeting
  • to receive from the committee the report of the preceding co-operative years working
  • to consider audit memorandum
  • to declare the result of the election of the committee if election to the committee has taken place prior to the general meeting of the society
  • to consider maters specifically requiring decisions or sanctions of the general body meeting

to consider any other matter with the permission of the chairperson excepting those requiring proper notice after the regular agenda is over.

The Annual General Meeting of the society should be held within a period of three months next after the date fixed for making up its accounts for the year. The same shall be extended with the permission of the registrar.

At the first general meting of the society the following business shall be transcted

  • Election of the president for the meeting
  • Admission of the new members who have applied for the membership
  • Receiving and approving of the statement of the accounts prepared prior to the 14 days from the date of the meeting.
  • Constitution of the provisional committee until regular elections are held
  • Fixing time limit upto which the funds shall be borrowed
  • Authorizing the committee to secure the conveyance of the right title and interest in the name of the society from the builder.
  • Appoint internal auditor of the society for the year and fix his remuneration.
  • Authorize one of the members of the provisional committee to call the first meeting of the provisional committee

Any other mater can also be brought and discussed in the meeting with the permission of the chairperson.

the first general meeting of the promoters of the Society who have signed the application for the registration of the society shall be held within the period of three months of the date of the registration of the society. It is the responsibility of the chief promoter of the society to convene the meeting within the stipulated period. Fourteen clear days notice shall be given by the chief promoter of the society.

The contribution that could be collected from the members of the society towards outgoing and referred to in the bye-laws may be in relation to the following.

  • Property Taxes
  • Water Charges
  • Common Electricity Charges
  • Contribution to the Repairs and Maintenance Fund.
  • Expenses on the repairs and maintenance of the lift’s of the society , including charges for running the lift.
  • Contribution to the Sinking Fun.
  • Service charges
  • Car Parking charges
  • Interest on the defaulted charges
  • Repayment of the installment of the loan and interest
  • Non-Occupancy charges
  • Insurance charges
  • Lease Rent
  • Non Agricultural Tax

Any other charges referred to and approved by the General Body.

Individual   member of the society may hold more than one flat , in the building  of the society in his name or in the name of any of the members of his family.

A member shall be expelled from the membership of the society who has

  • has been in the habit of committing breaches of any of the provision of the bye-laws of the society ,which in the opinion of the Committee are to be of a serious nature.
  • Has furnished false information or omitted to furnish the material information to the Registering Authority at the time of the persistently failed to pay the charges due to the society
  • has willfully deceived the society by giving false information
  • has used the flat for immoral purpose or or misused it for illegal purpose
  • Registration of the society.

A member shall be permitted by the Committee to sub-let, give on leave and license basis or care taker basis after he submits an application to the society  in the prescribed format and furnishes the application for  nominal membership of the proposed sub-lettee.

A member desirous to transfer his shares and interest in the property of the society shall give 15 days notice of his intention to do so to the Secretary  of the society in the prescribed form. On the receipt of such notice the Secretary shall place the same before the  meeting of the Committee held next after the receipt of this notice. The society can grant no objection for transfer of the shares and interest after the payment of the amount of he premium as fixed by the General Body Meeting.

1) getting the copy of the Bye-Laws

 2) inspection of the Books and Records

 3) 0ccupation of the Flats.

 4) Restriction on the rights of the Associate and Nominal members

   Any person who can be termed as a consumer under the Act can make a complaint. The following       are the persons who can file a complaint under the Act :

  •  a consumer; or
  •  any voluntary consumer association registered under the Companies Act, 1956 or under any       other law for the time being in force, or
  •  the Central Government or any State Government,
  •  one or more consumers, where there are numerous consumers having the same interest.

Accounts Books & Documents
  1. The Cash & Bank Book

  2. The General Ledger.

  3. The Personal Ledger (Member wise Monthly collection Register)

  4. Bill Register ( Month – Wises charges register)

Registers And Other Records

  1. Register of members in ‘I’ form prescribed

  2. The List of ‘J’ form prescribed

  3. The Property Register

  4. The Share Register

  5. The Sinking Fund Register

  6. The Audit Rectification Register in “O” Form

  7. The Investment Register

  8. The Nomination Register

  9. The Loan Register (if Loan Is raised)

  10. The Mortgage Register (if Property is Mortgage)

  11. The Minutes Book for managing Committee Meetings

  12. The Minutes book for General Body Meetings

  13. The Register of deposits made with the local Authority, Electric Supply company and say other authorities

  14. The Register of Furniture, Fixtures and Office Equipment’s

  15. The Register of Library Books

  16. The Register of Allotment of Flats

  17. Structural Audit Register(Wherever Applicable)

Files

  1. Application For Membership

  2. Application for Associate Membership

  3. Application for Nominal Membership

  4. Letter of Resignation from membership including resignation from a associate and nominal membership.

  5. Application for Transfer of Shares and/or interest in the Capital. Property of the Society.

  6. Case of Expulsion of Members.

  7. Nominations made by members including revocation thereof.

  8. Separate file for correspondence entered into with each member

  9. Correspondence with Registering Authority.

  10. Correspondences on Property Taxes including Non-Agricultural Taxes.

  11. Correspondences on Water Charges.

  12. Correspondences on Electricity Charges.

  13. Correspondences regarding Conveyance of Property

  14. Agreements, Contract Deeds with Papers connected thereto

  15. Approval plan of Construction and Correspondences thereon

  16. Application of exchange of Flat.

  17. Correspondences about allotment of Flat.

  18. Application for allotment of parking space and stilts.

  19. Vouchers along with bills, relating thereto-arranged in order of entries in the cash book and the Journal.

  20. Counterfoils of Challans for credits of amount into the bank, arranged in order of dates of Credits.

  21. Counterfoils of Cheque Issued.

  22. Counterfoils of Share Certificate.

  23. Applications for Duplicate Share Certificate.

  24. Application for Registration of Society, the copy of the Bye-Laws and Amendment thereto

  25. A Certificate of Registration Duly Framed.

  26. Counterfoils of receipts or carbon copies of receipts issued by the Society

  27. Counterfoils of bills or carbon copies of bills for the Society Charges.

  28. Correspondence about Loans received and property of the Society mortgaged.

  29. Notices and Agenda of the Meetings of the General Body Meetings

  30. Periodical Statements of accounts prepared by the Society

  31. Committee annual reports on the working of the Society

  32. Audit memos received from the statutory Auditors with rectifications report thereon

  33. Audits Reports received from Internal Auditors, with rectification report thereon

  34. Notices and agenda of the Meetings of the Committee

  35. Papers pertaining to the Election of the Committee

 

 

For compensations of the repairs carried out by member of behalf of the CHS , he may file dispute in the Cooperative Court u/s91 of MCS Act 1960 if CHS refuse to give him required credit.

Member may file dispute u/s 91 of the MCS Act 1960 before Cooperative Court.

Dues can be recovered from incoming members by filing proceedings u/s 101 of the MCS Act 1960.

Dues of members can be recovered from sale proceeds of flat of expelled member.

Member may file dispute u/s 91 of MCS Act 1960 in the Cooperative Court. Registrar has no authority to decide the question of such excess payment u/s 101 of MCS Act 1960.

If member is not traceable to issue notice for recovery of his dues, the CHS can publish a notice in the newspaper and then proceed accordingly as per S 101 of the MCS Act.

Member cannot held dues in such case.
Member can approach the Competent Authority as enumerated in the bye laws no 175 of Model Bye laws.

For recovery of dues of CHS prior to its registration, the remedy available is to file a suit in the Civil Court against the defaulters.

Managing committee shall issue demand notices to the members concerned. On failure to pay the dues by members, , CHS may file proceedings u/s 101 of the M.C.S. Act 1960 for recovery of dues.

For recovery of dues of CHS prior to its registration, the remedy available is to file a suit in the Civil Court against the defaulters.

Managing committee shall issue demand notices to the members concerned. On failure to pay the dues by members, , CHS may file proceedings u/s 101 of the M.C.S. Act 1960 for recovery of dues.

Managing committee can charge simple interest as provided in bye law no 72 and not the compound interest.

The member of building , which does not have lift provision , need not be charged the lift charges.

Bye law no 69 provides that water charges can be charged on the basis of total number and size of inlets provided in each flat. Therefore , water charges shall be levied from those unit holders who have supplied water connections only.

Bye law no 69 provides that water charges can be charged on the basis of total number and size of inlets provided in each flat. Therefore , water charges shall be levied from those unit holders who have supplied water connections only.

Non occupancy charges can be collected to the extent as decided by the General body meeting but not more than 10% of the service charges as has been stated in the circular dated 1st of August 2001 issued by State Government.

 

 

Non occupancy charges can be collected by CHS only when member has rented out his flat or given on leave and license basis.

Section 29 (2) provides that member cannot transfer any share held by him or his interest in the capital or property unless and until he has held such share or interest for a period of one year.

Bye law No 38 bars the CHS for collecting transfer premium for mutual exchange of flat amongst the member in the CHS.

Bye law number 38 provides that the CHS may collect amount of premium at the rate to be fixed by the General Body meeting but within the limits as prescribed under the circular issued by the Department of Co-operation, Government of Maharashtra from time to time and therefore the general body's resolution contradicting the Government circular shall not be acted upon. The maximum limit laid now currently is Rs 25,000/- towards amount of the preminu.

Such NOC is not required as per model bye laws.
Member shall inform his intention for sell of his flat as provided under Rule 24 of the MCS Rule 1961.

Section 32 of the MCS Act 1960 provides the right to the member to see the books and account of the society and obtain copies of the documents on payment of copying charges as prescribed in the bye laws.

Associate member may exercise the right of membership , if original member has authorized him in writing.

Person whose name stands first in the share certificate shall exercise the right of the membership in the CHS.

To become associate member person shall submit
An application in prescribed form as provided in the model bye laws to the society. No objection certificate from the original member Entrance fee Rs 100/-

A person whose membership application is not accepted by CHS may apply to the Registrar u/s 23 (1A) in the prescribed H-1 form.

Procedure for becoming member.
An application in the prescribed form giving complete details shall be submitted to CHS shall pay the value of five shares of Rs 50/- each along with payment of Rs 100/- towards entrance fee. Undertaking as prescribed in the byelaw are to be submitted alongwith the copy of stamped and registered purchased agreement.

Member who fulfills the following conditions can become member of the CHS. 1) A persons who is competent to contact under the Indian Contract Act 1872 or
2) A firm company or any other body corporate constituted under any law for the time being in force, or 3) a society registered under the societies Registration Act 1860 or,
A society registered or deemed to be registered under MCS Act 1960 or 4) A State Government or the Central Government or 5) A local Authority or 6) A public trust registered or to be registered.

Information of amendment shall be communicated to all members by giving 14 clear days notice of the proposed General Meeting. Resolution is required to be passed by not less than 2/3 majority of the members present and voting in General Meeting. The proposal for amendment of the bye laws shall be submitted for registration within two months in the prescribed forms from the date of meeting.
Amendments become effective after approval and registration by the Registering Authority.

Sinking funds is to be utilized on recommendations of architect and with prior approval of G.B. Meeting for meeting the expenditure on structural additions or alterations to the building /buildings of CHS.

Funds to be raised by CHS are
The repair and maintenance funds at the rate fixed by G.B. Meeting subject to the minimum of 0.75 % per annum of construction cost of each flat. Major repairs funds as and when required and decided by G.B. Meeting at the rate fixed on area basis.The sinking funds at the rate fixed by G. B. Meeting subject to the minimum of 0.25% per annum of construction cost of each flat. Reserve funds as provided u/s 66 of the M.C.S Act 1960.

Tenure of the Committee is as per bye laws of CHS
According to model bye laws tenure of the Committee is of 5 years.

Circumstances to appoint administrator under Section 78 are :- 1)   Committee or its member make default in performing duties. 2)   The act of the committee or its member is prejudicial to the interests of the society.  3) Committee or its members willfully disobeys directions issued by the State Government or by the Registrar  4) Committee or its members are not discharging its or his functions properly 5)  Committee or its member incur disqualification to remain on committee.

Officer of the newly constituted committee may apply to the Registrar in detail for initiating action under section 80 of the M.C.S Act 1960 for seizure of documents with the help of police.

Section 77 of M.C.S. Act 1960 provides that the decision taken by the Committee under such situation cannot be treated invalid.

Resignation of the entire committee shall be placed before the General Body meeting. Even after acceptance of resignation of the entire committee by the General Meeting the are required to hold charge of the CHS till alternate arrangement are made.

The bye laws number 132 (a) provides that the Chairman of the CHS may tender his resignation to the Secretary of the CHS by addressing a letter. The Committee can accept his resignation.

No confidence motion against president , Vice President , Chairman, Vice Chairman Secretary or Treasurer can be moved. For calling such no confidence motion , request application in M-18 from be signed by at least 1/3 members of the committeee and shall be submitted to the Registrar.
Such meeting shall be presided over by the Registrar not below the rank of Assistant Registrar. On the date of passing the resolution by 2/3 members present and voting the office of the office bearers stands vacated. If no confidence motion is rejected then no such resolution shall be brought within a period of 6 months from the date of resolutions

Committee has no authority to remove the members from its committee.

Default of payment of dues incur disqualification to remain on committee.  On the date of default such member ceases to continue on the committee and his seat shall be deemed to be vacant. Subsequent payment of dues wipes out default but not disqualification. Such member is eligible for re election or co option on vacant seat on payment of dues.


A Committee member who defaults the payment of dues of CHS incur disqualification to remain on committee.
Remedy is to approach registering authority for removal of such committee member u/s 78

If the member pays his dues before the time of scrutiny of nominations , he becomes eligible to contest the election of committee.

An appeal under section 152 A of M.C.S. Act 1960 may be filed within a period of three days before the concerned Registrar from the date of rejection of nomination.

Bye laws No 118 provides one of the following disqualification to remain on Committee.
1.Convicted of the offense
2.Defaults the payment of dues to the society within three months form the date of service of notice in writing.Held responsible under section 79 or 85 or 88 of the MCS Act 1960.
3.Sublets flat without prior permission of the CHS.

4.Remains absent for three consecutive meeting of the committee.

Election of Committee or its member can be challenged by filing dispute under Section 91 of M.C.S. Act 1960 before the Cooperative court.

Subsequent committee is constituted after election to the committee as per approved Election Rules.
Election committee is required to be constituted as per the provision of Section 73 of M.C.S. Act 1960.


The period of provisional committee is of one year from the date of which it has been first constituted.

Yes, an associate member can attend and participate in business of General Meeting in absence of original member and with written consent given by original member.

AGM/SGM once held irrespective of the place of the meeting cannot be treated as invalid unless and until such order are not passed by Cooperative Court

Unless 6 clear months have expired after passing of the previous resolution no such resolution can be brought before the AGM /SGM for its cancellation or modification.

The minimum notice period for calling such SGM is five days.

Secretary of the society can call the SGM under the intimation to the Registrar.

SGM can be called at any time by the Chairman or the majority of the committee. SGM shall be called within a period ofonemonth On written requisition of 1/5 of the members
At the instance of the Registrar or
At the instance of the committee of the federal society.


Resolutions passed in AGM/SGM remains in force unless and until stayed or set aside by the Cooperative Court.


Only remedy available is to file a dispute under section 91 of the MCS Act 1960 before the Cooperative Court.

Resolutions passed in AGM may be challenged in the Cooperative Court under section 91 of MCS Act 1960. By filing disputes.

Registrar may disqualify the members of the committee who is responsible for calling such meeting to remain or to get elected to the committee upto a period of three years.

Committee of the CHS may apply to the Registrar for extension of time on or before 31st July with a copy of resolution and required court stamp fee. Registrar may grant extension if request is genuine upto 14th November i.e for a period of three months.

On failure for finalizing the accounts of the CHS on or before 15th May committee may appeal to the Registrar for extension of time.

 The period for finalizing the accounts of the CHS is 15th May every year.

Once AGM is called it cannot be treated as invalid unless and until such order are passed by the Cooperative Court.


14 clear days notice is required to be given for calling the AGM.

Following business cannot be transacted in AGM without due notice 1) Expulsion of members of the CHS
Amendment of bye laws 2) Bifurcation, 3)amalgamation, 4)division of the CHS 5) Transfer of Property of the CHS.

AGM can be adjourned for want of quorum
To the time as may be specified in the notice on the same day or to a subsequent date, not earlier than seven days.
Holding of adjourned meeting will not required quorum.

If the business on the agenda of the general meeting of the CHS is partly transacted then the said meeting shall be postponed to any other suitable date, not later than 30 days from the date of the meeting as may be decided by the members present at the meeting.

Following business is required to be transacted in AGM:-


To receive a report of the committee together with statement of accounts for the preceding cooperative year/years.
To consider audit report received from the Statutory Auditor for the previous Cooperative year/years.


To declare the result of election if held prior to AGM.


To consider the appointment of Statutory Auditor.

Rules 60 of the M.C.S. Rules 1961 provides that the secretary of the CHS is responsible to convene the AGM.

Following business shall be transacted in the first General Meeting Election of a president Admission of new members, if applications are received. Receiving a statement of accounts and report stating all transaction entered in by Chief Promoter upto 14 days before the meeting Constitution of provisional committee for a period of one year.

On failure to call the first General Meeting of the CHS in time the said meeting can be called by Registering Authority.

Chief Promoter of the CHS can convene the first General Meeting of the members.

The first General Meeting can be convened within a period of three months from the date of registration of CHS.

The first General Meeting can be convened within a period of three months from the date of registration of CHS.

It will amount to an offense u/s 146 of MCS Act 1960.
 Such person can be prosecuted in the court of law with provision approval of DJR of concerned Division u/s 148.

Failure of Chief Promoter in depositing share money collected from promoters of proposed CHS amounts to an offense u/s 146 of M.C.S. Act 1960.
 Chief promoter can be prosecuted in the court of law with previous approval of Divisional Joint Registrar of concerned Division u/s 148.

Yes, all the promoters should submit their application for membership to the Chief Promoter before registration so s to enable him to undertake about receipt of application for membership in the prescribed "Y" form to be submitted to the Registering Authority at the time of Registration.

Rules 10 of the Maharashtra Cooperative Societies Rules 1961 provides the following classification of the CHS
Tenants ownership Co-operative Housing Society.
Land is held on lease hold or free hold basis
Houses are owned or are to be owned by member.
Tenants Copartnership Cooperative Housing Society.
Both land and houses owned by society.
Houses are allotted to members.
Other Cooperative Housing Society.
Houses mortgages societies
Houses construction society.

Registrar can cancel the registration of CHS under section 21 of the M.C.S. Act 1960. Under the following circumstances :If a CHS transfer the whole of its assets and liabilities to another society or.
Amalgamates with another society, or
Divides itself into two or more societies or,
Liquidation proceedings are terminated under section 109

If the society is registered.
On the misrepresentation made by the applicants, or
The work of the society is completed or exhausted, or,
The purpose for which the society has been registered are not served. Such societies can be de-registered under the provision of Section 21-A of the M.C.S. Act 1960.

Such rejection order can be challenged by filing appeal under section 152 of the M.C.S. Act 1960 before the Divisional Joint Registrar C.S. Of the concerned Division.

Failure to dispose of the registration proposal of a housing society within a period of two months, the Registrar has to submit the said registration proposal to the next higher authority within a period of 15 days from the date of expiry of two months. On failure of such higher authority to dispose of the said registration proposal within two months from the date of receipt of the proposal to his office, the registration proposal shall be deemed to be registered under the provision of the Maharashtra Cooperative Societies Act 1960.

The Chief Promoter has got no power to withdraw such money. Before registration of the Cooperative Housing Society , money can be withdrawn with the permission of the Registrar.

Cooperative Housing Society having less than 10 units can be registered subject to the following conditions:
The built up area of each unit should not be more than 700 sq.ft.There should not be balance F.S.I.

60% of the flat purchasers/ promoters are required to join the registration proposal if building is constructed by builder/developer.
90% promoters are required to join the registration proposal for society of open plot type category.

Chief Promoter of the proposed society shall submit a registration proposal of the co-operative housing society to the concerned Registrar under the category of non- co-operation of builder. Registrar may consider such a proposal for Registration on merit.

  • Conditions for registration of CHS in Private building
  • Registering authority can register CHS on merit if 90% of the tenants join the registration proposal
  • Registering authority can register CHS on merit and with previous approval of State Government if 75% to 90% of the tenants join the registration proposal
  • Proposal for registration will not be entertained if percentage of tenants is below 75%
  • The Tenant promoter joining the proposed CHS shall have to agree to contribute to the cost of flats of non joining tenants
  • In case tenants have created sub tenancy in terms of Rent Act, sub tenants and not the tenants be allowed to join the proposed CHS

A consumer  would have to check where the jurisdiction would lie and then ascertain the value of the claim. The consumer will have to file your complaint depending upon the amount of money or compensation he wants from the opposite party for the deficient service the opposite party has provided to him  for the defective product that the consumer has been sold.

Pecuniary Jurisdiction

a) In cases where the value of goods and services involved is less than Rs. 20 Lakhs in value, you will have to file the complaint in the District Forum constituted in the specified districts of a State.
b) In cases where the value of goods and services involved is more than Rs. 20 Lakhs in value but does not exceed Rs 1 crore you will have to file the complaint with the State Commission constituted in the capital cities of the different states
c) In cases where the value of goods and services involved is more than 1 crore in value then you can file a complaint with the National Commission which has been constituted only in New Delhi.

Territorial Jurisdiction.

The jurisdiction of the complaint is determined by the facts of the case and where the cause of action arises. Further, when you file a complaint, the area in which the opposite party resides or carries on his work or business will also have to be taken into consideration by you. This means that if you are filing a complaint against a service provider for a sum below 20 lakhs you would have to approach the District Forum in the jurisdiction where the cause of action arose. If the matter is above 20 lakhs but below 1 crore then it would be filed in the State Commission within which State the trader/ service provider/ manufacturer is located in the state in which the trader resides or works in. These two factors will have to be kept in mind while filing your complaint.

Cooperative Housing Society having less than 10 units can be registered subject to the following conditions: The built up area of each unit should not be more than 700 sq.ft.There should not be balance F.S.I.