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LEGAL FAQS

Q: On January 1, 2014, we had despatched samples worth approximately Rs 9,000 from Calcutta to Latur through DTDC, docket no. D15842949. The despatch was not delivered even in two months. After a rigorous follow-up at their local branch and head offices, the DTDC director and DGM East informed us that it had been handed over to the railways and misplaced by the latter. Our request for compensation was turned down as we had not paid 2 per cent risk surcharge while booking the materials. When we pointed out that the local office had not informed us of any such risk surcharge, we were asked to take up the matter with the local office. How do we to get the compensation for the loss of goods and the harassment caused in the past few months?

Sunil Bagri, Calcutta

A: Irrespective of whether you had paid the risk surcharge or not, the courier service is liable for negligence. You can send a legal notice to the company demanding compensation for the loss of goods and also for the mental agony caused to you. If that does not work, you can file an application before the consumer grievance redressal forum claiming compensation for deficiency of service or you can file a money suit before the civil court and claim damages for loss of goods as well as for harassment.

 

Q: I am a Mumbai resident and had booked a residential apartment in Calcutta in 2007. I did not have it registered after taking possession in 2009. The flat is let out on a leave-and-licence agreement. I want to get it registered now but cannot locate the promoter. How do I get a clear title to the flat?

Gita Aggrawal, via email

A: If you can locate the owner of the property, ask him to complete the formalities of the registration of the conveyance of your flat.

 

Q: We formed a registered co-operative housing society, comprising 14 members, and constructed a residential building eight years ago. Can a member let out his or her flat without permission from the society?

U. Laxminarayana, Titagarh, West Bengal

A: Section 93 of the West Bengal Co-operative Societies Act, 2006, deals with restrictions on letting out of a house or a flat by a member in a co-operative housing society. It makes it mandatory for a flat owner to obtain the written consent of the housing society. Hence, a member cannot bypass the sanction of the society.