Deshmukh & Associates

Legal Consultants & Lawyers

Latest Legal Queries:

Question:
Well i take electricity from MSEB. I have purcased a flat 2nd hand from one person but the meter is transferred 1 year earlier. For the last one year no electricity bill is send to me. I have paid all money for meter transfer. They have issued a firm quotation/demand note. But till now no bill is send to me. Now can i take up the matter directly with consumer court or consumer forum instead of electricity Ombudsman ? What charges can i bring against MSEB ? is it necessary to send Notice u/s 80 cpc ? How can i send notice under section Notice u/s 80 cpc ? Do i need a lawyer to prepare the notice ?

Reply:
If all the required formality for transfer of electricity meter are well completed by you, then submit a written complaint to concerned MSEB office that failing to transfer meter in your name you will be forced to move District Consumer Forum within 15 days.

Once 15 days done, no positive response from MSEB, simply prepare your application to District Consumer Forum in your area with all relevant records under Consumer Protection Act 1986 with (Amendment) Act, 2002. No need of any lawyer, if you can present your matter reasonably well with all relevant documents.

Your complaint should contain the following information:
• Your name, description and the address.
• The name, description and address of the opposite party i.e. MSEB
• The facts relating to complaint and when and where it arose. (it must be within 2 years of application to MSEB)
• Documents, if any, in support of the allegations contained in the complaint. (Copy of the Sale deed of the flat, receipt, correspondence / complaints made in writing).
• The relief (compensation) that you are seeking.

There should be 4 copies of the complaint on plain paper plus a copy each for the opposite party.

You will need to make an affidavit that whatever you are writing in your complaint is true.

There is nominal fees which you will need to pay at District consumer forum office.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com

Question:
I stay in a housing society in Pune that is roughly ten years old and consists of roughly 80 members (flat owners). Through the process of election, a new managing committee got formed last year. Instead of holding a general body meeting to discuss and obtain members' consent on any revision in the society maintenence charges, the managing committee simply issued a circular (within a few days of its formation) informing that the members would have to pay 20% higher maintenance charges from the next month onwards. Few members protested to this increase and sent letters to the Secretary but these were not responded to by him. In absence of any response, these members continued to deposit maintenance charges as per earlier rate. Now, the managing committee has sent notices to these members to pay the arrears. In the context of the above, my question is whether the managing committee is empowered to take decisions on such a matter on its own without getting it approved in the general body meeting of the society? Is the managing committee not violating the coopertive hosing society bye-laws by taking unilateral decisions without the consent of members through the general body meeting approvals. As per my understanding of the Bye-law no. 139(2), the committee has "to consider and to recommend to the meeting of the general body, the rates of contribution of the repairs and maintenance fund". I nevertheless, would like to have opinion and clarification of experts on the matter. -- Surendara shah

Reply:
The Chapter XI of New Model Bye-Laws of Co-operative Housing Society(CHS) as approved by The Commissioner for Co-operation and Registrar, Co-operative Societies, Pune in Dec. 2010, mentions under Bye Law No. 113 "Subject to the direction given or regulation made by a meeting of the general body of the society, the Committee shall exercise all powers expressly conferred on it and discharge all functions entrusted to it under the bye-law No. 139"

Therefore, the Managing Committee drives its powers, under the bye-law No. 139, from the mandate passed in the General Body meeting of the Society.

As the GB neither met nor has passed any such resolution, certainly MC is lacking the powers to enhance maintenance charges or implement any such decision which is not passed in the meeting of GB.

You should protest it formally to the MC and in the worst case you need to take up the matter with the Dy. Registrar of CHS of your area to issue needed direction to MC to get the proposed hike in maintenance duly passed in GB prior to its implementation.

Please also note, inflation is on rise and we need to be cooperative with MC for justifiable hikes.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com

Question:
My father has given our land and house in Maharashtra to my 2 brothers through will. We are 3 sisters whom he has simply ignored. He got the will registered during his life time and the house is not in the name of my two brothers. --- Anonymous

Reply:
Under The Muslim Personal Law (SHARIAT) Application Act, 1937 (Shariat Act) a Muslim may, by his will, dispose only up to one-third (1/3rd) of his property (after payment of funeral expenses and any debt) without the consent of his heirs. The remaining two-thirds(2/3rd) of the property must go to those who are his heirs at the time of his death.

With respect to Shia Muslims, the one-third share may be given either to a heir or to a non-heir. However, with respect to Sunni Muslims, the one-third bequest may be made only in favour of a non-heir without the consent of his heirs.

If it is made to an heir, it is invalid unless consent of heirs is obtained after death of testator, in which case it is valid.

However, the above restriction on disposition of property by will does not apply to a Muslim whose marriage is solemnized under the provisions of the Special Marriage Act, 1954 (instead of Muslim personal laws). This is because upon solemnization of marriage under this Act, the rules of Muslim personal law cease to apply to him with respect to matters of succession of his property. Accordingly, such a Muslim may, by his will, dispose his entire property without the requirement of his heirs’ consent. It would also be open to a Muslim to transfer his entire property during his lifetime by way of a gift to any person, unless the gift is a marz ul maut (death bed) gift. Marz ul maut is regarded under Muslim laws to be a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death. A gift made by a person suffering from marz ul maut cannot take effect beyond one-third of the estate of such donor after payment of funeral expenses and debt, unless the heirs of the donor give their consent after the death of the donor to the excess taking effect.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com

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