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Old 7th January 2020, 09:54   #391
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Originally Posted by arindambasu13 View Post
While matters like this are eventually sorted out, it requires quite a bit of follow up, especially in case of startups who are in perpetual cash crunches (or so they say). Ask your friend to keep following up aggressively. If that really does not work, then the next option is to consider formal legal action and shoot a legal notice to the company asking for immediate repayment of arrears. Often times, this is all that it takes to ensure that the money comes hurtling into the said employee's bank account

A caveat: this also implies lawyer's costs on the part of the employee (at the very least, for drafting and issuing the legal notice), and is worth it if the amount of arrears in question is significant enough. Otherwise, of legal costs are not worth incurring for the employee, nothing else to do but follow up and hope for the best.

We've a friend who can help issuing the legal notice, but the question is - would this end up in a long drawn battle?

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Originally Posted by deepfusion View Post
If the amount is over 1 lakh rupees, wich I suppose it would be, you are advised to approach under IBC in all probability. The case will be settled in the blink of an eye. I have got one such case resolved recently.

I'm not sure about the settlement amount. Can the IBC be contacted only if the amount in question is above a lakh?
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Old 7th January 2020, 10:07   #392
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We've a friend who can help issuing the legal notice, but the question is - would this end up in a long drawn battle?

A legal notice is only the precursor to an actual litigation. You may or may not commence actual legal proceedings, depending upon the outcome of a legal notice. Put differently, a legal notice by itself does not start a court process - the latter requires a totally different procedure to be followed including filing of a petition before the court/labour officer etc.

In the instant case, I suggested the notice only as a "persuasive" measure for the matter to be resolved expeditiously - not to suggest that you commence a an actual court process. If you do start a court process at a later stage, then yes, this will likely be a long drawn out matter. Again, the amount in question would determine whether that is even a worthwhile path or not.
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Old 7th January 2020, 11:22   #393
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We've a friend who can help issuing the legal notice, but the question is - would this end up in a long drawn battle?




I'm not sure about the settlement amount. Can the IBC be contacted only if the amount in question is above a lakh?

Whether this would become a long drawn battle would depend upon how you approach the matter.


The IBC is a very new law, and is applicable only when the amount involved is/exceeds Rs. 1 lakh. This is a very fast process, in Indian parlance. In 90 percent cases, instant results are achieved.
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Old 7th January 2020, 18:56   #394
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This is one for the Lawyers.

A friend of mine recently quit his company, served his notice period, handed over his work, but the
He may issue a notice to the company, represented by its managing director,either legal or your personal notice is okay.( Keep in mind that issue registered notice with acknowledgment card returnable to your friend). And within 30 days of receipt of acknowledgment of notice he can make a written complaint to District Labor officer, if not settled it will be referred to labor court
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Old 21st January 2020, 10:30   #395
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Thanks for your reply Ashish!
A few more queries:

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Originally Posted by aashishnb View Post
Under RERA, once a completion date has been declared, it can be extended by a maximum of 1 year with approval from the RERA authority amd only for a valid reason like forfe majeure, etc.
If the date extension has been approved, must've been under an order that should be part of the RERA filings for the project. If not, you can write to RERA authority and ask for a copy.
Note that in our case, the extension given to the builder is more than 1 year (15 months precisely).
If the date of completion can be extended by max 1 year, isn't RERA too at fault here? If yes, what can be done in such a case?

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You can ask for compensation from the date of delivery as per your agreement. If he doesn't agree, you can ask for cancellation where he has to refund your amount with interest.
Many of us have poured lots of money in paying pre-EMIs till now.
I don't think cancellation is an option right now (as per the agreement, we'll get only 9% on the amount paid to the builder, which is too little compared to pre-EMIs we've paid till now)

Quote:
It is a general practice for builders to ask for maintenance in advance for certain period as they want to keep the property in shining condition even post OC till entire inventory is sold.
Sorry, I missed an important point in my earlier post. Many of us who had their agreement done before RERA, don't have maintenance clause in their agreement.
Our agreement simply states to pay Rs 100 per sq ft, and this amount will be deposited by the builder to an account in the name of the society to be formed.
The maintenance and repairs of the society will be carried out from the interest accrued on the above deposits.

Now, in addition to this amount (i.e. Rs. 100/sq. ft.), the builder is asking us to pay maintenance for 2 years & GST on it (which is close to a lakh).
This is where every buyer in the project got agitated. Why pay the amount which is not in our agreements?

I would like to know if it's a fair ask not to pay this additional amount the builder is asking.

Last edited by pkulkarni.2106 : 21st January 2020 at 10:45.
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Old 21st January 2020, 16:33   #396
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Originally Posted by IronH4WK View Post
This is one for the Lawyers.

A friend of mine recently quit his company, served his notice period, handed over his work, but the company has not yet paid his full and final settlement. They had said that they would settle it and he would receive it in 45days; that was supposed to be 27-Dec-19. After numerous follow-ups, there doesn't seem to be any action being taken.

He wrote to the founder of the company and he in turn instructed the HR to get it sorted at the earliest, but still no action was taken (looks like internal passing the parcel). Now the founder won't even take his calls.

HR said that she was on vacation and asked my friend to wait till salary day (05-Jan-20), but nothing; other employees have received their salary, but my friend is still waiting on his final settlement.

What can be done in this scenario? Who can help?
These are your options:

1) Send a Demand Notice to the Employer under the provisions of the Insolvency & Bankruptcy Code/Rules. In the event a reply is not received within 10 days from the date of receipt of the notice, you are at liberty to institute proceedings before the jurisdictional National Company Law Tribunal.

This will get them to rush to the Tribunal and settle the matter with you.

2) Issue a written representation to the jurisdictional Principal Labour Commissioner indicating non payment of remuneration. PLC will then transfer the matter to the Additional Labour Commissioner who will issue a Show Cause Notice to the Director of the employer-Company.

Please note that a case for non-payment of remuneration will not be maintainable in the event your friend had held a Managerial position at the Company. The Labour Commissioner entertains cases of only Employees and not of Managers.

Cases referred to the Labour Commissioner will be taken up and adjudicated within 1 year.
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Old 23rd January 2020, 10:30   #397
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Question for CAs.

The 80C limit is 1.5 lakhs totally.
So let's say I invest 1.5 lakhs each in 2 tax saving instruments PPF & NSC.

I know I will get 80C deduction on only one of those 2, but I still individually invest 1.5 lakhs in both of them in the same year. Now let's say I declare NSC as my 80C investment in my tax return forms and don't declare PPF at all.

Now 2 questions
1) Is my interest on PPF still tax free if I am not declaring it as a 80C investment?

2) My interest from NSC is not tax free. However as per this

https://taxguru.in/income-tax/nsc-tax-benefit.html

> NSC interest is taxable. However, as it is a cumulative scheme (e.g. interest is not paid to the investor but instead accumulates in the account), each year’s interest is considered reinvested in the NSC. Since it is deemed reinvested, it qualifies for a fresh deduction under Sec 80C, thereby making it tax-free. Only the final year’s interest, when the NSC matures, does not receive a tax deduction as it does not get reinvested, but is paid back to the investor along with the interest of the earlier years and the capital amount.

Let's say NSC pays 8% (Credited back to principal). So 12,000 credit back to principal. Now this 12000 also counts towards next years 80C. So does that mean I can only claim 1.38 Lakhs NSC in next year's 80C or can I claim the whole 1.5 lakhs?
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Old 24th January 2020, 13:11   #398
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Hi Guys, am in a fix. I bought an under construction flat from a huge builder here at Pune. I knew buying an under construction flat is mostly a bad idea however financially it made sense and I took the dive.

The agreement that we had with the builder was, there will be no EMI till flat is ready for possession and same was documented with bank as well through a tripartite agreement. The builder at the time of selling the apartment committed December 2020 as the month of possession for this particular building, however as per RERA the project delivery date is July 2022(The project has 6 buildings, and my building was under phase I).

I had raised this issue at the time of buying however I was assured that July 2022 is for entire project and I will have my apartment ready by December 2020. As of today, building is no where near completion by December 2020, hell looks like it will go to 2022 and I will have to pay EMI and my rent starting December 2020 for which I was not prepared and which I feel is unfair on part of the builder.

The loan has been half disbursed however I have stopped further disbursement till things become clearer. The question I have is, what is my best way forward? Am I with in my rights to stop further disbursement of loan? What are the implications?

Any help would be much appreciated.
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Old 29th January 2020, 00:23   #399
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Originally Posted by Engine_Roars View Post
The loan has been half disbursed however I have stopped further disbursement till things become clearer. The question I have is, what is my best way forward? Am I with in my rights to stop further disbursement of loan? What are the implications?

Any help would be much appreciated.

If the dates originally committed to you are documented, you may seek a refund of entire amount invested till date along with interest and walk out of the arrangement. Alternatively, you may continue to fulfil your part of the obligation while specifically stating that the builder has failed in complying with its part of the obligation and reserving your right to claim compensation for the delay in handing over of the flat including additional interest liability and other losses suffered due to such delay. The terms of the tripartite agreement would also be relevant to assess rights and liabilities emanating therefrom.
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Old 2nd February 2020, 19:42   #400
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Is an individual required to deduct TDS when making a payment to a lawyer for a case ?

If yes, what is the minimum amount on which TDS is applicable and the rate of TDS.

Brother needs to make a payment , the total amount would be around 80 - 90 thousand. Out of this the lawyer has asked for a payment of 25 thousand initially.
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Old 2nd February 2020, 21:16   #401
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Is an individual required to deduct TDS when making a payment to a lawyer for a case ?

If yes, what is the minimum amount on which TDS is applicable and the rate of TDS.

Brother needs to make a payment , the total amount would be around 80 - 90 thousand. Out of this the lawyer has asked for a payment of 25 thousand initially.
If you are not going to claim this payment in some manner, which I think you can't as an individual, I see no point in deducting TDS unless it has been made compulsory by the government.

From the cleartax website
Quote:
Every person, who is making a payment in the nature of fees for professional or technical services is liable to deduct tax at source with the following exceptions:

1. In case of an individual or HUF carrying on business: Where his turnover does not exceed Rs. 1 crore during the previous financial year.

2. In case of an individual or HUF carrying on profession: Where his turnover does not exceed Rs. 50 lakh during the previous financial year.

To put it simply, all entities (other than individuals/HUF who are not required to do tax audit in the preceding year) need to deduct tax.
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Old 22nd February 2020, 22:41   #402
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Hi All,

Posting here a problem to seek some advice on the issue my cousin is facing.

1. Her husband has a drinking problem and seemingly an addict for a long time. She got married in 2016 and after marriage came to know that he is used to drinking but realized that it is a bigger problem since last 2 years.
2. No transparency on financial matters between them. He does not tell how much the salary is, where his spending goes. 1 year back his father gave him around 2 and half lakhs for repayment of some loan but he has spent it completely. No idea what he did with that.
3. 2 or 3 times after he got completely drunk, made a ruckus, creating a scene, behaving insanely with her and her parents. Recently (a week ago), had issues with his parents also. He almost pushed off his own mother in inebriated condition. He does not know what he speaks or how he behaves once he is completely drunk.
4. Does not spend quality time with his 2 year old son. Usually will be in office from afternoon till late night. She does not know whether he stays in office late night or goes out and get drunk some where. After getting fully drunk, will make a scene if she is at home or continuously calls her on mobile if she is at her parents's home.
5. She says she wants to divorce him but he would not give her. It would not be definitely a mutual consent case. She may not expect alimony also if she goes for a divorce.
6. Once the couple consulted a family counselor who suggested for some medical tests for him but so far kept postponing them.

Want some advice on how to proceed for divorce in this case if she wants to apply. On alcoholic grounds, can a wife apply for divorce? Have read in some internet forums that cruelty proofs are needed in case of alcoholic husband. Is that a fact?

Last edited by bvasista : 22nd February 2020 at 22:43.
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Old 4th April 2020, 12:36   #403
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A legal query pertaining to lockdown.

A friend of mine has certain sum of money payable to him under a contract which is to be paid within X "business days" from date of agreement.

The question now is whether the current lockdown period can be considered as "business days" to reckon the due date for payment?

Any reference to legal provisions would be appreciated.

Last edited by Warwithwheels : 4th April 2020 at 12:38.
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Old 4th April 2020, 12:56   #404
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Hi All,

Posting here a problem to seek some advice on the issue my cousin is facing.

...
Ask her to file for divorce on the grounds of mental cruelty. Be prepared its going to be long and arduous battle.

Get hold of some independent people who will testify against his actions ( her in-laws will not). Ask her to start clicking pictures,videos and other evidence to prove her case. SHE WILL NEED THESE TO PROVE HER CASE.

Get the petition drafted from a competent lawyer encompassing all incidents and be as detailed as possible.

A separate application for child custody and maintenance.

Last edited by Chetan_Rao : 4th April 2020 at 12:59. Reason: Please don't quote long posts in entirety. Thanks.
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Old 5th April 2020, 12:22   #405
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Originally Posted by Warwithwheels View Post
A legal query pertaining to lockdown.

A friend of mine has certain sum of money payable to him under a contract which is to be paid within X "business days" from date of agreement.

The question now is whether the current lockdown period can be considered as "business days" to reckon the due date for payment?

Any reference to legal provisions would be appreciated.

The hon'ble Supreme Court, taking suo moto cognizance, has ordered that period of ockdown due to covid 19 situation shall be excluded from limitation for various matters in all courts/authorities/tribunals.


In the light of the judgement, my opinion is that the lockdown will not be counted as business days.
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