LEGAL FAQS AND QUERY

LEGAL FAQS AND QUERY

1)    Question: In the month of September 2010, the Apex Court had passed a judgment for fresh trial in order to set aside the order of the National Consumer Disputes Redressal Commission and consumer court. The NCDRC was directed consequently by the registry of Apex Court, but no steps have been taken accordingly so far. How can this non-implementation of the Supreme court’s verdict be tackle

                              

           Answer: If the Supreme Court judgment has been passed in relation to a   particular case, the plaintiff who filed the original consumer case has to file a put-up petition along with the Apex Court judgment before the consumer forum where the trial originally taken place. The petitioner should seek a direction for putting up the original record before the court and also pray for new trial in conformity with the order passed by the apex court.

2)    Question: After the last amendment place that had taken of the West Bengal Premises Tenancy (WBPT) Act, whether the cases will be filed and heard at the court or at tenancy tribunal?

Answer:     All the Cases relating to provision under the WBPT Act have to be filed and then heard before a (manager) controller or tribunal selected by the State administration. The controller he/she can also be a associate of judicial subdivision of state civil service. At present the judges in civil court has  been vested with jurisdiction to handle such cases.

3)    Question: We have been living in a rental dwelling for around 18 years. About around 8 years ago, our landowner had stopped coming to gather the rent. I started sending the rent through money order. But when I didn’t get any reply from him, I had stopped the same. Some time back his son got in contact with us and informed that the landlord has died. They then offered us to sell the house to us and we agreed to do the same. But since then they have not communicated. What should we do now? Can they force to us leave?

Answer:  You should get in touch with the son to know whether the offer is still open to you. Irrespective of what their response is positive negative, it would be cautious to pay the rent through money order and deposit the same in the rent controller’s court in case if they refuse to accept . To evict the current owner would have to file an eviction suit before the court and establish appropriate grounds under West Bengal Premises Tenancy (WBPT) Act, 1997.