[atnyia]

Hi. I am writing this request while being in a lot of distress. I have a case running for my flat in Delhi State Consumer Court. Since last year, my lawyer seems to have lost interest in fighting on my behalf. The final hearing for case has been rescheduled three times as he does not appear in court and gives me excuse of bad internet connection. I feel that builder might have paid him.
The stress is high as substantial amount of money is stuck. I am not sure whether I should let me continue as this is the final hearing, or change him. The final hearing is scheduled in August 21 now.

Please suggest what should I do.

[mvadg]

Originally Posted by Kln

Sorry to be blunt, but being a doctor yourself, you should be aware of the rising incidence of grievous harm and attempts to murder against medical staff.
In my little experience dealing with hospital management, I have found it most effective if you directly approach the management. Also, some sort of "pehechan" with the management may help. Considering the fact that you're a doctor, they may be willing to compromise. Try to get as many local level leaders involved as possible since it is a government hospital. I wish you all the best.

I see that you are a doctor too! And I am sympathetic to the plight of doctors. But my opinion is that the our law makers took a shortcut. I see nothing wrong in video recording in a public place. Don't hospitals themselves record security footage? The law cannot assume that one side is a victim - what kind of logic is that? Improving the policing and legal systems is hard work, passing ridiculous laws is easy. That is all that the other good doctor was pointing out.

Originally Posted by Ragavsr

Just as I had feared that the law favoring hospitals was enacted , this law is going to be misused left right and centre...

[Ragavsr]

Originally Posted by Ragavsr

While I am no lawyer here, it's protocol to ensure at least 10 beneficiaries are needed to ensure that vial is finished , to prevent the rest of the vial from going waste. Asking people to come to the centre at a particular time is happening at every centre across the country.

Quoting myself here, this is what I had posted about the vaccines and vials.

Originally Posted by Kln

Sorry to be blunt, but being a doctor yourself, you should be aware of the rising incidence of grievous harm and attempts to murder against medical staff. No staff is going to tolerate unsolicited video recording - again a fact you should have been well aware of. They're government employees, they have nothing to gain by turning away citizens looking for vaccines.
In my little experience dealing with hospital management, I have found it most effective if you directly approach the management. Also, some sort of "pehechan" with the management may help. Considering the fact that you're a doctor, they may be willing to compromise. Try to get as many local level leaders involved as possible since it is a government hospital. I wish you all the best.

Now that mods haven't taken action to correct your post despite me reporting it let me make a few things clear.
1. It was not my father and brother who were assaulted at the vaccination centre. It was a different bhpian's and you will find that if you go through the sequence of messages. I don't even have a brother.
2.Your advice was unsolicited and I have nothing to do with the issue whatsoever apart from listening to the story and giving suggestions.
3. The issue happened somewhere in Maharashtra while I live in Chennai and probably haven't stepped in Maharashtra over 15 years.
4. As far as attacks on doctors go, it happens and the reverse also happens. I have seen a doctor at a clinic mercilessly beat up an old frail man repeatedly and bashing him against the wall over an argument. This happened while I was at a shop adjacent to the clinic. Passing laws to ensure one side is guilty because the law enforcement is simply not capable of investigating anything is not going to solve any problem. The solution is providing adequate security at hospitals and restricting number of visitors per patient , building trust , de-escalation, teaching security guards/nurses / hospital staff to be polite and firm without being rude at the same time is important.

[carlosTHEjackal]

Originally Posted by atnyia

The stress is high as substantial amount of money is stuck. I am not sure whether I should let me continue as this is the final hearing, or change him. The final hearing is scheduled in August 21 now.

Please suggest what should I do.

I am no qualified law professional but I have a bit of knowledge on these.

Few points to consider before you decide to change your advocate.

1. What is the monetary impact if the judgement isn't in your favour?
2. Estimate the cost of litigation in District Court or Higher courts.
3. Are you the only one fighting against the builder? If no, then who is the advocate for other residents or customers for the builder?

If the answer for 1 and 2 is higher than the cost of changing the advocate, then act immediately and change the advocate.
You can revoke the vakalatnama favouring your current disinterested advocate and issue a new one to the incoming advocate.

Refer to point 3 and have a common advocate so that the litigation cost can be shared amongst the litigants.

Note: I would recommend to have a meeting with the current advocate and inform about your predicament on the advocate's commitment. Even after the meeting if there is no change in his behaviour, proceed with the change of advocate.

[Kln]

Originally Posted by Ragavsr

Quoting myself here, this is what I had posted about the vaccines and vials.

Now that mods haven't taken action to correct your post despite me reporting it let me make a few things clear.

I apologise, it is my mistake. Sorry about it.

Originally Posted by Ragavsr

As far as attacks on doctors go, it happens and the reverse also happens. I have seen a doctor at a clinic mercilessly beat up an old frail man repeatedly and bashing him against the wall over an argument. This happened while I was at a shop adjacent to the clinic. Passing laws to ensure one side is guilty because the law enforcement is simply not capable of investigating anything is not going to solve any problem. The solution is providing adequate security at hospitals and restricting number of visitors per patient , building trust , de-escalation, teaching security guards/nurses / hospital staff to be polite and firm without being rude at the same time is important.

Anecdotal evidence is just that, anecdotes. There have been plenty of doctors, young and old, who have lost their lives and been left handicapped because of unwarranted aggression from emotional relatives. I agree with your proposed solutions though.

[ShankarG]

To all the CA's on the group, a noob question. If I am a joint owner in a property along with my parents, can we still pay rent to parents for the purpose of HRA deduction claim?

[Fx14]

Our Co-operative Housing Society is planning to go in for redevelopment.

The developer who has submitted an offer for redevelopment is not agreeing to provide a Bank Guarantee as collateral citing that it would block his funds, which could be better used for the construction of the building. He is instead offering to mark a lien on 1 flat (on the top floor in the same building to be constructed) in favour of the Society, till possession of the new flats is given. He states that this is the practice being followed nowadays.

The concern is that the Bank Guarantee is desired as a risk mitigation against non completion of the project, which the flat to be constructed and marked with lien may not serve, given that if the project is not completed, the lien flat too would be incomplete.

Request views of knowledgeable members on this matter and any alternatives available.

[Bomi]

A Bank Guarantee is usually issued by a Bank, after collecting margin money from the customer. As the builder would have an existing relationship with the Bank, the margin money will be around 25% of the value of the Bank Guarantee. Unless, his credit record is in a poor condition, in which case the margin % would be higher. So the claim of the builder that he would be blocking his money is not fully correct. He would be blocking a fraction of the value of the BG, which would depend on his credit standing.

[setuniket]

To all the CA's and Tax Lawyers. In case of a property transaction where the seller is NRI, the NRI seller can obtain a certificate under Section 197 Income Tax Act seeking lower rate of tax deduction. In such a case, is the buyer required to deduct TDS at the regular rate of 20%+cess at the time of entering into agreement to sell for the "advance" or "token amount"?

In this case, the AO has issued a certificate for deducting TDS at 3% for the balance consideration amount(minus the initial token amount) and not for the total consideration amount, while the Form 13 declared the total amount. As per my understanding, the liability of the buyer is to deduct TDS on the total sale consideration and not just on balance sale consideration and as such the buyer can possibly be "assessee-in-default". Is my understanding correct?

To avoid any liability in re non payment of TDS which was supposedly required to deducted at the time of payment of "advance amount" or "token amount", would it be advisable to treat the token payment as refundable security and additionally re-pay the token amount after deducting TDS at 20%+Cess.

Thanks in advance.

[humyum]

Hi Team,

Need a quick consultation with a lawyer over a call for a land dispute that is on going.

We are currently in Junagadh and going to leave tomorrow so needed a quick clarification so that we can chalk out a quick plan of action. Can a lawyer please help? We can get on quick call and I can explain.

[NetfreakBombay]

Originally Posted by humyum

Need a quick consultation with a lawyer over a call for a land dispute that is on going.

Note : Not a lawyer myself. Had good experience with https://www.legalkart.com/talk-to-lawyer . Cost is around 1k, and got a lawyer who knew law as well as practical ways to solve the issue.

This is just for guidance, one will need a lawyer on-ground for real work.

[setuniket]

Please PM your number, I’ll connect with my colleague in Gujarat who can guide you.

Originally Posted by humyum

Hi Team,

Need a quick consultation with a lawyer over a call for a land dispute that is on going.

We are currently in Junagadh and going to leave tomorrow so needed a quick clarification so that we can chalk out a quick plan of action. Can a lawyer please help? We can get on quick call and I can explain.

[humyum]

Originally Posted by NetfreakBombay

Note : Not a lawyer myself. Had good experience with https://www.legalkart.com/talk-to-lawyer . Cost is around 1k, and got a lawyer who knew law as well as practical ways to solve the issue.

This is just for guidance, one will need a lawyer on-ground for real work.

Originally Posted by setuniket

Please PM your number, I’ll connect with my colleague in Gujarat who can guide you.

Thank you guys, sorry for the late reply. My mother got diagnosed with cancer while we were at Junagadh, so all this we just could not look at

[bhardwhu]

Dear members (lawyers),

I am seeking an advise on Police visiting my previous home in Delhi and inquiring about me. Two civil clothed cops came to my previous home, asking about me. They indicated to the neighbors that they are part of some investigation but did not give any details. I am concerned because I do not live in India any more and I do not even recall getting into legal or criminal situation ever in my life. My concern is more for my aged parents, getting unnecessary hassle. Is there a way to find out the details proactively through some online system and try to answer with any documented response if need be ? Any advise will be appreciated. Thank you.

[ronford]

Originally Posted by bhardwhu

Dear members (lawyers),

I am seeking an advise on Police visiting my previous home in Delhi and inquiring about me. Two civil clothed cops came to my previous home, asking about me. They indicated to the neighbors that they are part of some investigation but did not give any details. I am concerned because I do not live in India any more and I do not even recall getting into legal or criminal situation ever in my life. My concern is more for my aged parents, getting unnecessary hassle. Is there a way to find out the details proactively through some online system and try to answer with any documented response if need be ? Any advise will be appreciated. Thank you.

I feel they are not even cops as cops wouldn't go to your home in plain clothes. Also, since they did not ask your parents anything do not worry. Even if they do, invovle a lawyer.