Discussion Forum Posted on November 12, 2018May 25, 2021 by Karan Parihar Can Leave any legal query you are facing in your life in the comment box here and we will try to give the best possible personalised advice to you. Share this:TwitterFacebookLike this:Like Loading...
24 thoughts on “Discussion Forum”
We are working pro bono- use this as platform to get your problem solved, We will make sure you get the proper help and guidance from us.
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This is to inform all the concerned and respected citizens of India that our idea of providing basic and technical legal help for all, has taken a shape of the website now, https://sabkavakil.co/.
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We feel more than happy to announce that we are here, just to serve people with their day to day problems by providing free legal help and we do not intend to earn any kind of profit from this website. Our Motto is to reach out all the people from every corner of this nation and give them the proper legal advice which is very costly and unaffordable to all else way.
No matter, your issues are big or small, we are here to help you in recognising your own rights and getting your problems solved in a cost effective way by saving your time, money and energy. We can even provide you all with a basic understanding of your rights and can help in finding the appropriate solution to the problem. For example- Generally, people don’t aware of the laws and rules of Motor Vehicle and end up paying more than the given in the provision (mostly through bribe). Moreover, people are very fearful about Police and Government officers and end up agreeing to all their unreasonable terms which include giving bribes to them. Thus we are here to solve these queries and will guide you for the future course of action. Along with it, we also aim to provide the technical help related to other areas of law as well, which includes Corporate Law, Intellectual Property Rights, Litigation and much more.
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I am a salaried employee. My company has not paid my salary for the last three months. Also they have not paid it to the 500 executives working all over India. What can I do to get my salary as soon as possible?
If you did not receive your salary before 10th of every month, then you have following options –
a) send a legal notice enumerating all the actions that you may take which are mentioned below. Just to intimate your employer.
b) Approach Labour Court under Payment of wages act 1936;
You can file a Claim either directly or through a labour Inspector under this Act, before with the Authority appointed.
The power for hearing and deciding Claims under this Act has been vested at present with the Presiding Officer of a Labour Court.
c) You can also approach the labour commissioner. They will help you to reconcile the matter and if no solution is reached labour commissioner will hand over this matter to the labour court.
you can reach out at sabkavakil.co for further information.
Interesting talks about disinvestment strategies of Government and its impact:-
Finance Minister in tis First Budget Speech set target of Rs. 1, 05,000 crore of disinvestment receipts for the FY 2019-20. Government is considering to go below 51% of the shareholding to an appropriate level, in case where the Undertaking is still to be retained in Government control, decide on case to case basis. Government has also decided to modify present policy of retaining 51% Government stake to retaining 51% stake inclusive of the stake of Government controlled institutions.
Government also to reinitiate the process of strategic disinvestment of Air India, and to offer more CPSEs for strategic participation by the private sector. Government to undertake strategic sale of PSUs and continue to consolidate PSUs in the non-financial space.
The disinvestment strategy by government is an attempt to encourage capitalism in the country, diverting by the path of socialism. The PSUs contributes good amount of profit to the government. Government gets the leverage while taking up any developmental activity. Government should consider to revive and restructure the PSUs rather to sale them. PSU is the people’s property wherein it gives the employment opportunities to millions of people. PSU works in furtherance to the agenda of the Government.
Selling PSU would give leverage to private companies to misuse their position in the market. Also it amounts to losing control by the Government in the Market, thereafter Private players can exploit the consumers and in country like India where huge amount of income disparity exists. These private company will not look after the needs of middle class and poor.
Thus, Government should rethink of selling its stake in PSU like ONCG, Air India, BSNL etc. Government should also not consider privatizing the Indian Railway, which it is aiming at.
Note- This is the personal opinion of the author in case of any query; you can reply to it or send an E-Mail from contact section of the website.
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RTI AND THE AMENDMENT OF 2019
The preamble of Right to Information (RTI) Act, 2005 provides for informed citizenry and transparency of information which are vital to the functioning of democracy. It also used as a tool to contain corruption and to hold governments and their instrumentalities accountable to the citizens.
The Right to Information Act, 2005 passed with an objective to provide for setting up a system to provide information to citizens. The Right to Information Bill, 2005 received the President’s assent on June 15, 2005 and came into force on October 12, 2005. It replaced the previously enacted Freedom of Information Act, 2002. This act has a widest reach and covers Union, State as well as local government and also the recipients of government grants. It also serves serves the purpose of Article 19 of the Constitution of India which gives citizens Right to receive and impart information. The objective of this act is to bring transparency, predictability, accountability and participation which formulates a good factor for Governance. In order to promote transparency and accountability in the works of every public authority, Central information Commission and State Information Commission are constituted under the Act. It covers all aspects related to inspection of work, document, record and it disperses certified copy and information in form of disks, floppies, Tapes, video cassettes to the applicant.
PROCEDURE FOR FILING RTI
The Procedure is very easy and citizen friendly. RTI applications can be filed both online and offline. The online services are only available for the departments under Central Government and related ministries including PMO, Comptroller and Auditor General of India, the secretariat of the Vice President and President and Secretariat of Lok Sabha and Rajya Sabha.
1. For filing the RTI application, applicant must figure out the department from where he wants the information.
2. Then open the RTI website: https://rtionline.gov.in and register himself. After registration, submit the request for the RTI to start the application process.
3. The applicant must agree to the terms and condition related to the RTI and acknowledge it by digitally signing the form. Once he acknowledge the guidelines provided, he can start his application by clicking on the next page.
4. Then applicant will choose the department where he want to cater his request and fill the required personal details. He needs to provide the subject line for his RTI application which must brief the subject of his RTI application which has a limit of 3000 words. It is advised to use simple and clear language which is easy to understand and describes your issue in a simple manner.
5. After this applicant needs to submit all the supporting documents to proceed to the payment page.
6. Now the applicant needs to pay by clicking on the ‘make payment’ option, where fee of INR 10 can be paid through internet banking, debit card or credit card.
7. After submitting the application, the applicant will get an email and sms alert providing his registration ID which an applicant can use for the future queries.
The application filed through online portal directly reaches to the nodal officer of concerned ministry/department, who transmits the application to the concerned CPIO.
1. Application can be handwritten or typed in the official language of the area or Hindi or English. There is no specific format for RTI application meant for the central government public authorities but some states have a proforma which needs to be followed while writing / typing an RTI application.
2. Application must be addressed to the Central or State Public Information Officer (PIO) or Assistant PIO. It must contain the subject line as “Seeking information under RTI Act, 2005”. Applicant should also write the name and full address of the office from which he is seeking information.
3. Write your questions or information in detail (which is sought). For example, give details of the year, period etc. from which the information is required. You don’t need to provide reason for filing RTI.
4. Provide your full details like name, address, contact details, email address (if any) and sign the application along with date.
5. Applicant needs to Pay Rs. 10 as filing fee. It can be paid in any form i.e. cash, money order, bank draft or court fee stamp. Applicants below the poverty line need not make the payment but have to attach a copy of the BPL certificate along with the application.
6. Keep a photocopy of your application before sending it to the authority for the record.
7. Send your application by post or submit it personally to the department concerned. Get an acknowledgement for future reference.
STEPS TO FILE FOR FIRST APPEAL
If the RTI application filed by the applicant is rejected, or PIO’s decision under Section 11(3) or receiving improper information from the PIO, demand of inappropriate fee from the PIO, etc. an appeal can be filed to the appellate authority against decision of the PIO. First appeal has to be filed within 30 days from the date of receipt of decision of PIO to respective First Appellate Authority.
Details of the designated FAA could be found on the decision letter of the Public Information Officer (PIO), official website of RTI or from the office of the PIO. The appeal could also be furnished to the Assistant Public Information Officer (APIO), which would be forwarded to the FAA. It can be submit online and offline as well.
The following documents must be attached while filing the first appeal:
1. Self-attested photocopy of RTI application.
2. Self-attested copy of the PIO’s response.
3. Other documents justifying the grounds of appeal.
APPLICATION FEE AND FORMAT
The application fee and format differ from state to state. The applicant can find the respective information in the official website of RTI.
Things to be included in the Appeal-
1. Particulars of the RTI application filed to the PIO.
2. The information requested in the application.
3. The decision or ignorance of the PIO.
4. Information provided by the PIO.
5. Information not provided by the PIO.
6. Reasons for Grievance
ONLINE APPELLANT PROCEDURE AT GLANCE
1. First appeal application can be submitted by clicking on ‘submit first appeal’ option. This page will provide/ display the guidelines for use of RTI portal. Thereafter, citizen has to agree to the terms and conditions displayed on the portal.
2. The page for online RTI appeal application will be displayed. Provide your registration number, email ID and security code required in the form.
3. Now, click on the Submit button, RTI first appeal form will display. The applicant has to select the ‘ground for appeal’ required in the appeal application form.
4. As per the provisions of RTI Act, no fees has to be paid for first appeal.
5. After submission of the application, a unique registration would be sent to the applicant which can used for future references.
Public Authorities designate some of their officers as Public Information Officers. The first request for information goes to Central/State Assistant Public Information Officer and Central/State Public Information Officer, designated by the Public Authorities. These Officers are required to provide information to an RTI applicant within 30 days of the request. Appeals from their decisions go to an Appellate Authority. Appeals against the order of the Appellate Authority go to the State Information Commission or the Central Information Commission. These Information Commissions consists of a Chief Information Commissioner, and up to 10 Information Commissioners.
RIGHT TO INFORMATION AMENDMENT, 2019
The Right to Information (Amendment) Bill, 2019 was passed by Parliament despite the opposition protest faced in Rajya Sabha. The bill seeks to amend Section 13, 16 and 27 of the RTI Act that empowers the Central Government to determine the terms, salaries and other terms and conditions of service of Chief Information Commissioner and State Information Commissioners as may be prescribed by the Central Government.
Key Highlights of Right to Information (Amendment) Bill, 2019:
• Term of Information Commissioners: Under the act, Chief Information Commissioner (CIC) and Information Commissioners (ICs) are appointed at Central and State level to implement the provisions of the Act.
Earlier CIC and IC had tenure of five years but the amendment removes this provision and provided that the term of office for CIC and ICs will be notified by the Central Government.
• Salary Determination: The original act states that the salaries provided to CIC and ICs will be equivalent to Chief Election Commissioner and Election Commissioners.
The amendment act amended this provision and states that salaries and allowances of CIC and ICs will determined by the central government.
• Salary Deductions: The amendment act removes the provision of pension and other retirement benefits. The provision states that if at the time of appointment of CIC and ICs they are receiving any pension or other retirement benefits for any previous government services then their salaries will be reduced to an amount equal to the pension.
EFFECTS OF THE AMENDMENT
This amendment is much more a political step rather than a legislative step. The bill faced severe criticism in Rajya Sabha on the ground that it is a complete dilution of the structural mechanism around the statute. The amendment undermines the authority of Central and State Information Commissioners. This amendment was made to put control on the independent body where the government is threatened by disclosures of every government institution. This amendment gives the power to the government to hire and fire independent information commissioners on their discretion. As interference in the powers of an independent body dilutes the concept of democracy in the country.
Other provisions of the 2005 Act remains the same.
Note- This Article contains two parts one is informative and other is opinion based. This is the personal opinion of the author in case of any query; you can reply to it or reach author through the mail provided at the contact section of the website.
……….I want to know if the saler of the property (House) died giving the possession to the buyer and made agreement between saler and buyer Rs 55k .Buyer gave 44k and 15k remain. Owner died without registering and without any legal heirs..in this case buyer of the property living more than 20 years in that house with possession.
1_My question is how buyer get the ownership of that property?
2_Can Buyer of that property right to adverse possession because some neighbors try to threaten them they will get possession on that property .
What is the legal procedure to get ownership that property?
Before Answering to your question, we want some additional information-
1) Whether there is a proper sale deed been executed between the parties?
2) Whether house is allotted under any State Housing Board Scheme?
1_Sale was incomplete because Agreement made 55k. Buyer paid 40k and 15k still remain.
Can you send your sale deed at email@example.com
Did you understand Bengali..because agreement statement written in Bengali..
It is important to check the agreement as to know the status of the sale deed.
If it has been executed properly means made on the stamp paper, proper signature, and whether registered or not, then it will create different impact.
Understanding The Consumer Protection Act, 2019
The exchange of goods and services in the market had developed the idea of consumer protectionism, which means the consumer should not be cheated by the seller with the respect to goods or services supplied to him. The consumer Protection Act, 1986 was the first legislation which aims to provide protection of the interests of the consumers through establishing consumer courts and councils. But, with the drastic changes in the trading activities, a plethora of new products and services have been emerged in the modern market place. The advancement of e-commerce, tele-marketing, multi-level marketing, etc. also made the application of old act vulnerable for the protection of consumer interests. Therefore, in order to relinquish the vulnerabilities of the consumer, the Parliament has passed the new consumer protection legislation known as “The Consumer Protection Bill 2019” which has been duly converted into an Act through the assent of the President of India.
Who is consumer?
A consumer is defined as a person who buys any good or avails a service for a consideration. It does not include a person who obtains a good for resale or a good or service for commercial purpose. It covers transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling.
What are the rights of a consumer?
Under the Consumer Protection Act, a consumer has certain rights such as:
(i) be protected against marketing of goods and services which are hazardous to life and property;
(ii) be informed of the quality, quantity, potency, purity, standard and price of goods or services;
(iii) be assured of access to a variety of goods or services at competitive prices; and
(iv) seek redressal against unfair or restrictive trade practices.
How the consumer grievances be addressed?
Consumer Disputes Redressal Commissions (CDRCs) has been set up at the district, state, and national levels. A consumer can file a complaint with CDRCs in relation to: (i) unfair or restrictive trade practices; (ii) defective goods or services; (iii) overcharging or deceptive charging; and (iv) the offering of goods or services for sale which may be hazardous to life and safety. Complaints against an unfair contract can be filed with only the State and National Appeals from a District CDRC will be heard by the State CDRC. Appeals from the State CDRC will be heard by the National CDRC. Final appeal will lie before the Supreme Court.
The District CDRC will entertain complaints where value of goods and services does not exceed Rs one crore. The State CDRC will entertain complaints when the value is more than Rs one crore but does not exceed Rs 10 crore. Complaints with value of goods and services over Rs 10 crore will be entertained by the National CDRC.
Establishment of Central Consumer Protection Council:
The central government has set up a Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers. It will regulate matters related to violation of consumer rights, unfair trade practices, and misleading advertisements. The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into such violations.
CCPA will carry out the following functions, including: (i) inquiring into violations of consumer rights, investigating and launching prosecution at the appropriate forum; (ii) passing orders to recall goods or withdraw services that are hazardous, reimbursement of the price paid, and discontinuation of the unfair trade practices, as defined in the Bill; (iii) issuing directions to the concerned trader/ manufacturer/ endorser/ advertiser/ publisher to either discontinue a false or misleading advertisement, or modify it; (iv) imposing penalties, and; (v) issuing safety notices to consumers against unsafe goods and services.
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New Concepts in Consumer Protection Act:
Product liability: A new concept under CPA
Product liability means the liability of a product manufacturer, service provider or seller to compensate a consumer for any harm or injury caused by a defective good or deficient service. To claim compensation, a consumer has to prove any one of the conditions for defect or deficiency, as given in the Bill.
The basis for product liability action for a product manufacturer under section 84 is:
a. Manufacturing defect
b. Design defect
c. Deviation from manufacturing specifications
d. Product not conforming to express warranty
e. Product failing to contain adequate instruction of correct use to prevent any harm or any warning regarding improper or incorrect usage.
The basis for product liability action for a product service provider under section 85 is:
a. Services provided are faulty, imperfect, deficient or inadequate in quality, nature or manner of performance, required to be provided by or under the prevalent law or contract as the case may be.
b. Action of omission or commission or negligence or conscious withholding of information which caused harm.
c. Service didn’t confirm to express warranty or terms and conditions of the contract.
A product seller who is not a product manufacturer shall be liable in a product liability action under section 86, if—
a. he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; or
b. he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm; or
c. he has made an express warranty of a product independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm; or
d. the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or he is not subject to the law which is in force in India or the order, if any, passed or to be passed cannot be enforced against him; or
e. he failed to exercise reasonable care in assembling, inspecting or maintaining such product or he did not pass on the warnings or instructions of the product manufacturer regarding the dangers involved or proper usage of the product while selling such product and such failure was the proximate cause of the harm.
The said definition has very effectively brought online market within the ambit of Consumer Protection Act. Online retail platforms can be made liable for the products available for sale on their websites. It is also interesting to note that, post coming into effect of the 2019 bill, celebrities endorsing misleading ads would also be liable for fine. The said provision of product liability also ensures that the product manufacturers or service providers do not supply defective products and provide deficient services.
Exceptions to product liability action:
Under section 87, product liability action cannot be brought against the seller, if at the time of harm; the product was misused, altered and modified.
In any product liability action based on the failure to provide adequate warnings or instructions, the product manufacturer shall not be liable, if—
a. The product was purchased by an employer for use at the workplace and the product manufacturer had provided warnings or instructions to the employer.
b. Product was sold as a component or material to be used in another [product and instructions or warnings were given by the manufacturer to the purchaser, but the harm was caused to the Complainant by use of the end product in which such component or material was used.
c. The product was legally meant to be used or dispensed only by or under the supervision of an expert or a class of experts and the product manufacturer had employed reasonable means to give the warnings or instructions for usage of such product to the expert or class of experts.
d. The complainant while using such a product was under the influence of alcohol or any prescription drug, no prescribed by a medical practitioner
A product manufacturer shall not be liable to instruct or warn about a danger which is obvious or commonly known to the user or consumer of the product or which such user or consumer ought to have known, considering the characteristics of such product.
This particular provision (c) provides a lot of levy to the product manufacturer wherein it is very easy for the product manufacturer to find loopholes to escape liability. A simple example would be of cigarette manufacturing companies, where they would escape liability under the cover of this provision.
Offences and Penalties:
Under section 88 – Contravention of the directions of the Central Authority against recall of goods or directions qua false and misleading advertisements shall be punished with imprisonment which may extend to 6 months or with fine which may extend to 20 lakh rupees or both.
Under section 89 – Manufacturers or service providers who cause a false and misleading advertisement to be made, prejudicial to the interests of the consumers shall be punished with imprisonment which may extend to 2 years, and fine which may extend to 10 lakh rupees. Every subsequent offence be punished with imprisonment for a term which may extend to 5 years and fine which may extend to 50 lakh rupees.
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How to file a complaint in Consumer Forum:
Send a notice to the opposite party, before filing a formal complaint. It is important for the consumer to give notice to the opposite party regarding the deficiency in service or unfair practice. This is to see if the other party is willing to offer the compensation to make the good the loss suffered by the consumer. If the opposite party refuses or neglects the notice, the you can approach the consumer court.
Submit a formal complaint under the Consumer Protection Act, 1986. You need not hire a lawyer for filing the suit. Fill this complaint form and submit it to the commission. On a plain paper, mention the details of the complainant and the opposite party. Otherwise, you can consult consumer grievance redressal forums which also help consumers in filing and forming petition at nominal charges. One such non-governmental organisation is International Consumer Rights Protection Council.
The consumer should file the complaint in the district forum which has under its jurisdiction the other party’s residence or office of profit or the area where the project is located.
You have to submit the fee through a demand draft. The consumer forum follows difference jurisdiction to entertain complaint:
• If the claim is for less than Rs 1 crore, the District Consumer Disputes Redressal Forum will hear the plea.
• If the claim is between Rs. 1 crore to Rs. 10 Crore, the State Consumer Dispute Redressal Commission will entertain the complaint.
• If the claim is more than Rs 10 crore, the National Consumer Disputes Redressal Commission will attend to the plea.
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I have clear the interview in one of the leading company of india and get the salary breakup structure.
Can you please suggest
1. What is PLI and LTI?
2. Can I get gratuity amount after 1 year only??
Because company offer gratuity amount 31000 but I don’t want to live in same company more than a year.
First of all Congratulation Dilip for your new job……
with regard to your first question PLI is performance-linked incentive, which is given on the performance of the employee over and above on the fix component of the salary, generally given after achieving any kind of target.
I think you are talking about LTA i.e. Leave Travel Allowance which is also a component of the salary that is given to the employee on domestic travel expenses and generally can be availed once in a year and it covers travel cost, hotel and food expenses.
With regard to your second question you will not be able to claim gratuity if you leave organisation before completing 5 years in your organization under the Payment of Gratuity Act, 1972. This can only be availed in situations of demise or disablement of an employee.
I hope it clears all your doubt and best of luck for your future.
I recently married.
What is the process to get marriage certificate??
What is registration fee??
I recently married.
What is the process to get marriage certificate?
What is registration fee?
Good to hear about your marriage,
You have to register your marriage with the marriage registrar in order to get the marriage certificate, for that you have to visit to the marriage registrar of your area. Their you have to fill the form and submit the requisite fees. Process and fees are different for different states. Though fees would be nominal only. You required to submit some proof of your marriage like marriage photos, invitation card etc and also you need some witnesses to sign your form.
Best of luck for your future and for more details, you can personally reach to us through contact form.
Your earlier suggestions were really good.
Please help me on this one as well.
My friend has two options :
1. To live in a rented apartment costing 8-9k.
2. To live in a rented apartment where they have to keep 7 lakh fixed amount with the owner for the duration they stay there and he gives back the same amount at the time they leave that house.
What do you think is the better option on financial basis?
Thanks for the compliment and good to hear from you again…
The question you asked is very subjective, as it depends on the person to person and on his financial knowledge and investment ability to get the returns. It also depends on the total duration of rent.
If your friend can required a rented accommodation for more than 5 years and he has sound investment knowledge where he can get 10% or more interest annually then he should keep 7 lakh rupees with him and give rent on monthly basis.
Also he can do the fixed deposit in the bank and can get 7-8% compound interest. Here also he can save little money if the amount of rent is kept same throughout the rented period.
If your friend is not sure about his investment ability and also renting period is less than 5 years and he does not want to take so much pain then he can opt for 7 lakh fixed amount.
I hope it solves your query.
Also you can personally reach to us through contact form for more information.
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Thanks for the response, Karan!!
Please tell me a bit about Income Tax Filing.
What are the income slabs?
Also, tell me in detail about TDS return.
Thanks in advance.