ABOUT US

  1. We are not a law firm.
  2. We are not a Advocate or a Lawyer
  3. We are not a group of Advocates or Lawyers.
  4. We are a Trust registered to perform the functions to adopt Mediation, Conciliation and Arbitration before going for litigation before Courts in case of any dispute. (advocate here means who recommends, prescribes, promotes and speaks on behalf of some one else)

We are a trust with the name of “Disputes Settlement Trust”. and this trust was registered by M/S Sahota Impex (India) Private Limited company on 1st April, 2005 under the provisions of “Indian Trusts Act, 1882” read with ‘The Arbitration & Conciliation Act, 1996’.

A path of Arbitration

MAIN OBJECTS: of the trust is to resolve all the disputes by following 2 steps

FIRST STEP: When ever a dispute arises between 2 or more persons or organizations, they should resolve it through Mediation or Conciliation (Non-Binding upon the parties); so that family relations or business relations can be kept alive after resolution of the dispute also. 

SECOND STEP: If the aforesaid first step fails, they should enter into an agreement to get the dispute resolved through an Arbitrator as per ‘The Arbitration & Conciliation Act, 1996’.

Main Advantages of 2 step resolution to all disputes:

(1) The person or persons who will hear and decide will of your choice.

(2) Your privacy can be maintained and kept confidential

(3) The place, venue and timings shall be according to your choice

(4) The time taken to get the verdict or Award or Judgment shall be of your choice.

Note: your choice here means choice of parties to the dispute and it can be agreed before the dispute takes place or during the time when dispute is being resolved by the Arbitrator.

Main criteria to resolve disputes by above method:

(A) Both or all the parties where a dispute may occur must agree on a piece of paper to resolve their dispute in the aforesaid manner and also include all other conditions which they wish to include in the agreement as may be convenient to the parties.

(B) If the name of Arbitrator is already decided; a copy of the agreement is to be handed over to Arbitrator. 

The Disputes Settlement Trust publishes legal information for the public at this web site of past, present and future disputes in few categories.

The public can give their reply or comments or ask for legal advice. The queries of the readers are screened and if found desirable then only published along with our reply in approx 24 hours. The readers may find the same on your left hand side of this web site under the heading “Recent Comments” and also below the page under which you had mentioned your query. Please note that, our replies will be deleted after five (5) days.

We reserve our right to take off any material from this web site, if it is found not eligible or controversial or against any law of the land or the same is not allowed by the Bar Council of India or any other such authority in India.

Pro Bono Engagement: The web-site has engaged legal professionals to give advice on pro bono basis (free of any cost). The web-site may refer you to any or our legal expert for taking any assistance. This reference is not compulsory for you. The terms & conditions between the experts & yourself will be separate from our activities.

 

-LEAVE A REPLY IN CASE OF ANY QUERY OR ASSISTANCE REQUIRED

47 Comments

  • Om Parkash Joshi says:

    We have lot of problems in our Society at Dwarka. We want to appoint DST permanently for resolving all our disputes among members and the managing committee legally. Kindly advise

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  • Dear Sir, I have a plot 210 sqyd on road at fatehabad haryana in khasra no 236/2/1/2 but some other person is in possesion in same land they have dead of khasra number 236/9/2 that is clear from pemaish patwari. How we can get our possesion of same land from illegal possesion holder. From manoj kumar panwar 9017619037.

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  • sastry says:

    Dear sir

    if client is recovering the money which was not acceptable to us, how to get our legitamate money

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  • Avinash Chandra says:

    I had taken a flat in Parsavnath Planet in Lucknow. I have made 95% payment 3 years back. The flat possession has been delayed by almost 3 years now. We have not received and compensation on the amount paid by us yet. I would like to know how can we claim the compensation from them. I have not received even the prescribed penalty of Rs 5 / Sq ft and when we discuss with them they say that at the time of giving the possession this amount will be adjusted.

    Please advise

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  • Nilesh Hiremath says:

    Ours is

    1. Appartment Owners association through a deed of declaration .
    2. We do hold AGM & other meetings regularly.
    3. We have a peculiar problem. Ours is a apartment of 15 flats which as on an average about 5 non-resident owners ( given on rent ). It so happens that for the past 9 years it is the same committee that is continuing due to lack of participation from rest of the members.
    4. We will get the resolution passed to seek your help.

    5. As far as the following up with the PMC is concerned, it is a lenghthy process and we do not have enough resources to do it.

    Can you let us your mobile no ?

    regards

    View Comment
  • Nilesh Hiremath says:

    our deed of declaration of appartment assocation is registered by the builder around the time the building started. Let me know your add. so that I can send you the copy of the same. We use commonfloor.com for communicating our activities. All the minutes of meeting are there for ref. Share me your email add, and I can send you as attachment
    1. Sample/Relevant Minutes of Meetings 2. Copy of the deed of declaration. thanks in advance. NSH

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  • Mihir Shah says:

    Dear Sir,

    Our society (CHS) had passed a order few months back with respect to allotment of unreserved open parking space on a first come first serve basis for a lump sum amount (one time only). However, in the allotment it had been mentioned that the CHS can take back the allotted parking space from the member on “justifiable grounds”. I paid the said consideration to the CHS through cheque and was allotted the parking space. However, recently the CHS has altered the rules for allotment of parking space and has decided to allot the same on a lottery system for a fixed annual consideration (recurring yearly charges). Hence, the CHS has asked me to return the parking space allotted earlier and they shall refund the amount paid by me earlier. However, I don’t want to return the said parking space since I had already paid the amount demanded by the CHS. What options do I have now?

    Please note that the said parking space is the 2nd parking space allotted to me & in our society all the members have atleast one parking space reserved. The lottery system would also be for 2nd parking spaces for the members.

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  • N K Bhutani says:

    We want to form a society for the purpose of developing flats for members.pl suggest.

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  • krk64in says:

    dear sir,

    very excellent service/web site……request to make the background color of all web page with any light color instead of black color back ground which strains the eyes very much……kumar

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  • Kurien Mathew says:

    Our society is under Registrar’s rule for the last two years though commitments were made that elections would be held and the managing committee would be reinstated before March 2013 nothing had taken place. Is there any order for not conducting the elections now, do we have to continue like this and how long and another factor is that three administrators are appointed to look after the affairs of the society and they have not taken any remuneration till date, when asked they say when the society is handed over they will take. None of the administrators come to the society only the authority is with them. What would be the remuneration as per the co-op society’s act, please advise.

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  • Kurien Mathew says:

    Thankyou for your immediate reply.Our co-op society is in Mumbai suburbs in Thane district we are told that they are unable to conduct the elections now till an order is passed and if the same phase is being continued how long.

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  • Ranjan Chandok says:

    i am staying in a society in vikas puri new delhi from last 20 years just a month back Management committee of the society has made a rule that they will not allow any cars inside the society premises without the sticker. ANd the stickers they are issuing when the resident gives Rs.4 and shows them the Registration of thier car. If the resident doesnt show the registration or the car is not reqistered in his name the sticker is not issued..even if the resident says that i am using this car…. can they make any such rule? I have taken a new car and was going back to my flat late @around 10:20 at night but the entry was denied as sticker was not there since it was a new car. Can a residents car be disallowed even when he personally there???

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  • Surjit Singh says:

    Sir, I am a member of a society in Dwarka. Almost of 50% of the members have let out their flats and I am one of them. The society has imposed a special maintenance charge of Rs. 300 per month on the tenants. We have pleaded that if this is legal, they can charge and if not, they should not. But the resident members who outnumber the members who have let out their flats see that their maintenance charge is subsidised by the tenants and they don’t want to remove the same. This is a clear cut case of discrimination amongst members. My tenant is paying enhance maintenance charge by Rs. 300 p.m. on my behalf. Please advise.

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  • Ex President of our CGHS has encroached upon Common (Idle) area 650sq ft. adjacent to his flat on ground floor and dumped his household material by breaking his flat-wall and fixed a Door 6ft x 3′ size, for the last 7-8 years, with the conspiracy of 3- 4 other members. Being President of the same Society, can I lodge the FIR with RCS /Police and get the space free from him. Please Advise. Thanking you.

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  • Sir, Thanks for your prompt advise on the encroachment. As President of the CGHS, I generated Recurring EXTRA Income of Rs. 2 Lacs p.a. without burdening any society member(s)/residents, for celebrating any festival (Holi Milan, Deepawali etc. with society Residents/members, can I sanction the expenses with or w/o any their contribution w/o Management committee’s approval, say rs. 5000 – 10000 per event ? Please Advise. Thanking you.

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  • Its not a contribution of any member, whatever income generated by me by utilsing my Skill, such as levying charges on cable operator, replacement of energy efficient lamps, Extra interest on Bank FDs etc. for these no MC approval was taken w/o any implementation. Expenses to be incurred for Holi milan/deepavali etc with other society members only. our some MC members are crook persons say kaam hua to kyun hua, nahi hua to kyun nahi hua / w/o any physical /mental contribution from them.

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  • PK Bhardwaj says:

    Sir, I an original allottee of a Group Housing Flat in East Delhi and residing in it since allotment about 25 years back. Flat is still on leasehold. I want to transfer the Society membership / Flat to my wife, who is a House-wife. Please intimate the Procedure, Documents and Time required to do so. Later-on, we wish to get the flat converted to freehold for which also , I wish to know all the details. Our Society Managing Committee is not aware of the procedure. Please guide me. Thanks!

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  • PK Bhardwaj says:

    Thanks for your quick reply ! Kindly intimate the Procedure, Documents & Payment etc reqd to convert leasehold flat in East Delhi to Freehold for original allottee. Regards!

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  • ak wadhera says:

    I have a consumer case pending in Distt. Forum ITO for medical negligence. Paper work is complete on both sides. But opposite parties, defendants are playing legal tactics to delay on one count or other. Pl. adivse. Thanks. ak wadherra

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  • tej says:

    Sir is it possible that this best NGO can be approached personally for detailed discussion and filling a case in the Registrar of Societies etc. as the time given by the Election Officer appointed by the Registrar office is just up to 21st April for forms and the election date is 4th May. Since I approached the society office for list of members and the outstanding list of members they have given me the list as on 31st March while the election is declared by the officer on the 25th March they made hankey panky in the list as they have displaced the list of outstanding on the notice board as on 31.12.2014 with a motto to keep certain members out of the election process after showing absorbent outstanding against their name.Sir can the NGO help the society from saving it from the corrupt hands.

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  • Antony says:

    Dear Sirs, I have been allotted a parking space and it is part of the agreement with the specific slot mentioned when I bought the flat from the builder in a new housing project. The agreement says 1 Parking Space (but does not mention the number of vehicles to be parked). My car parking slot is such that it lets me park 2 small cars within the Yellow Line marked as the boundary for my parking slot. Thus parking 2 small cars within my slot does not cause any inconvenience to anyone. However my society says I can park only one car in the slot and have suggested I hire another slot for my 2nd car. I needed clarification on whether I am within my exclusive rights to park 2 cars in my allotted Parking Space as I am not inconveniencing any vehicle movement. Does parking space imply only 1 car to be parked? Thanks in anticipation.

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  • Vandna Arora says:

    A flat was purchased by the father i.e. Mr. X in Mumbai after the death of Mr. X the name of two brothers A&B has been incorporated in the share certificate and in the
    records of the Society in the year 2011.
    Mr. A is married and has a wife and a daughter. Mr. A is residing in Nagpur with his family for the past 30 years and has no intention of moving to Mumbai
    Mr. B is also married and has a wife and two daughters and is residing in the flat of Mumbai for the past 40 years
    Mr. A is suffering from schizophrenia is incapable of taking any decisions.
    Now Mr. B wants to remove Mr. A name from the record of the society and get it in single name of Mr. B.
    Wife and daughter of Mr. A has no objection to this matter.

    Please suggest what documents should be prepared to file with the society for removal of joint holders name.

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  • Vandna Arora says:

    Dear sir, Thank you for your reply. I would further like to understand that, can legal heirs of Mr. A can execute a release deed for opting out from the property on behalf of Mr. A also. Further Can the name of Mr. A be deleted from share certificate and the soceity’s record on the basis of this release deed. With best regards. Vandna Arora

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  • R.K.ramdasi says:

    Is it necessary to issue legal notice to concern to lodge a complaint before consumar forum

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  • sunil.M.Thadani says:

    IS RTI Act 2005,APPLICABLE TO COOPERATIVE HOUSING SOCIETY MAHARASHTRA STATE.

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  • Anurag Malhotra says:

    My sister is trying to sell her apartment in a group housing society of employees of Public sector company in gurgaon. The managing committee is not issuing the No Objection Certificate as the by laws require the new owner to be employed( private or public) and should not own another dwelling in gurgaon. Though the salary certificate and the affidavit confirming the same has been submitted, the society management is refusing to issue the certificate saying that the salary of the new owner is 12000/- per month and can not afford the apartment. Though the bye laws do not have such clause.
    My question is:
    1) is the NOC mandatory for my sister to sell her apartment ?
    2) can the management refuse to issue the NOC to my sister on these grounds?
    3) can the society block the sale of a free hold property and not transfer the membership if all dues are paid and clear?
    Thanks for your prompt response,
    Anurag.

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  • Dr A K JAIN says:

    Mr DP Agarwal had a free hold Flat in Co-operative Group Housing Society in Delhi. His son Mr Rajiv was joint owner and also nominee .Mr Rajiv resides in USA since last over 20 yrs. Mr DP Agarwal had two daughters ( Renu and Meenu) and one son (Rajiv). Mr Agarwal passed away in Decemebr 2013. Mr Rajiv and Meenu relinquished their shares in favour of their sister (Renu). Based on registered Relinquishment deed, Renu got it mutated also in MCD. But when she appraoched the Managing committee of the CGHS, they are reluctant to tranfer the share certificate (membership) in her name and they said that first the share certificate will be transferred to Rajiv and then only he can transfer to any one else. Is the CGHS managing committee correct??. Once Mr Rajiv has relinquished his share, how can the shares certificate be transferred in his name?? Pl advise how to get the membership transfrred in the name of RENU JAIN.

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  • Anurag Malhotra says:

    All the dues have been paid by my sister and there is no outstanding in her account. Can the society discriminate on the basis of lower salary income alone? There are other incomes in the family ancestral, husbands income etc. The constitutional rights that my sister has to sell her freehold property aren’t they being restricted by these clauses? And hence don’t they become illegal.

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  • kunal says:

    Hello Sir,
    I stay in rented accommodation at society in Dwarka. I have been provided a alternative parking as my car does not fit in allocated parking. Everything was fine until yesterday when wind-shield of my car was cracked. There is a renovation work done on one of the apartment which is right above where i park my car. Only explanation is something fell from the top which broke my glass. However when consulted the owner of the flat disowned the responsibility and said do whatever you want to do. I approached the society office however they are also not co-operating with me and say they cant do anything. I pay monthly maintenance and hence feel they should take responsibility as my car was parked in their premise. Please advice if there is any solution here.

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  • Yogesh says:

    I need to know if society NOC is required for land transfer from one memeber to other by gift deed. The society itself has leased land on 999 years basis and then allocated to members.

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  • Sayali Sankul says:

    Sir,

    We are registered Society in Mumbai. Originally builder developed our Plot (2 adjoining plots) over 3 wings of building A, B & C. Navi Mumbai.
    A wing & B Wing have 7 floors and ground floor is under stilt, totalling 49 flats.
    C wing has 2 floors with 2 flats in 1st and 2nd floor.
    The new C Wing Purchaser of lower flat has enclosed his open stilt area (allotted to original allottee by Society earlier) with a permanent room and rented out without taking approval from Society. He maintains the stilt area is C wing’s and nobody can object. The building approved plan clearly mentions open stilt area and as such allotted as Car Parking.
    Similarly, the 2nd floor resident of C wing (new Purchaser) has enclosed his terrace (building’s open terrace and hence common property) and deciding to rent it out for profit, without even taking society’s permission. The Society committee constituted under Builder’s control had allotted C Wing open plot area as well as Stilt parking to C Wing flat owners.
    Can the current Society members & Committee now annul the previous malafide allotments?
    How can C Wing residents illegally enclose Terrace as a room and lower stilt area allotted for car parking as a room?
    Are these are not FSI violations, illegal encroachment?

    Please advise.

    Sayali Sankul

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  • Anil Talwar says:

    Dear Sir,

    Thanks for the social cause. I am really be enlighten on the issues which come across on day to day basis in our life. In this regards, we intend to ask that in co-operative society, certain members have grabbed the roof top, since the same is accessable to top floor, however as per the bye laws, it is indicated that that no construction/elevation can be conducted in top roof as its belongs to the society and its each member. The said has been resolved in one of the AGM also.

    The society has sought evacuation of roof and notice to this effect sent to notice board, and one of the member filed an complaint in civil district court, hence status quo is ordered by the court. However, we have contended that the civil court has no juridication in such matter as the matter need to be adjudicated by the registrar of DC act. Because of such elements there is total lawless ness exist as on date. Please do advice, as to what need to be done with to avert any unholy situation.

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  • ALOK MOHAN SHUKLA says:

    Hi,

    Not able to explain in writing. we journalist are in trouble.

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  • pooja says:

    i went to my parents house for sometime after i came to my inlaws house they didnt allowed me to enter the house. later on i gotta know that my father in law has disowned me my husband and my baby fom property and my husband is involved in all this. what should i do?

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  • a.k.vohra says:

    I am the owner of dda sfs(free hold) flat and subsequently purchased a flat(free hold) in society in Delhi in the joint names of myself and my wife, the first name is mine. kindly advise whether I am entitled for transfer of membership of society flat to our name .

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  • Shankarrao says:

    A flat owner just above my flat is not removing the leakages and also not allowing to undertake the work to remove the leakages. He has given his flat on rent. please guide me to solve the problem.

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  • Hariharan says:

    Hariharan says
    01/02/2016
    Allottee of DDA SFS flats has to be a member of the RWA of the sector/Pocket. Was there a judgement a few years back that one has to pay the primary membership fee of about Rs.12 per month but cannot be forced to pay additional demands for colony maintenance galloping from year to year?

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  • madhukar baburao shinde says:

    Dear sir,
    I have purchased & taken possession in 2003 of property under unregistered agreement to sale in 04/11/2006 the same property sold it on 23/10/208 to third person who before purchase it taken illegal possession ,threatened me so I file civil suit against buyer & illegal purchaser criminal case both are pending. my problem is can get justice in this case.

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  • u kumar says:

    Kindly let me know the Rules and procedure for an added member of the Delhi CGHS to contest election of the managing committe. Name of added member is second in the membership certificate. Thanks.

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  • rajiv gupta says:

    How many Cooperative Societies can an Administrator in Delhi be appointed as Administrator. Is there a HIgh Court Judgement which says that he can be Administrator for ONE society only

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  • Renukha says:

    My parents live in a flat located two floor apartment in Nanganallur, Chennai. Other members from apartment are not cooperating with respect to opening of drinking water tank through valves and salt water tank (bore well). They are elderly and working. Is there any way to regularise these things? My parents own the flat they are residing in. Daily they find it difficult to run from groundfloor to terrace just to get a bucket of water. But others do it leisurely without considering their need.

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  • Anshy says:

    Hi,

    I live in West delhi in RWA society. I live on 2nd Floor and the roof top is being occupied by the Top floor owner.

    The top floor owner always keep the terrace locked and has also constructed one temporary room and bathroom. Is it allowed?

    Also, he did not allow us to place the DTH Antenna.

    In my understanding terrace is a common space and anyone living in the same block can use it.

    Does our Laws allows him to lock the terrace?
    Is he allowed to make construction on terrace for his private use?

    Thanks,
    Anshy

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  • BHARAT DAVE says:

    i have an commercial shop in virar ( MUMBAI) i have paid maintenance for 2 years after sty has formed

    i complained several times for non maintinaing & dirty toilets which remained uncleaned

    we have an lady staff in our office hence its very difficult for her to use wahroom

    this was continued for 3 more years

    during this i have not paid maint charges but i used to give complaints in writing

    but before a year they have started cleaning washrooms

    but they are charging rs 500 as interest every month for unpaid maint charges

    so our monthly bill rs 500 + 550 every month interst charges

    is it legal ?

    they are failed to maintain sty ?

    then why should we pay maint. charges?

    again interest on non maintian sty ?

    please suggest what should do ?

    BHARAT DAVE

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  • asit kumar ghosh. says:

    How to registered R A W. Some of us(members) want to install lift in their own block. M..C is agreeable. Occupants of Gr.& !st floor are objecting.

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  • BHAVANA says:

    WE PURCHASE THE FREEHOLD FLAT IN CGHS DELHI . WE SUBMIT ALL THE REQUIRE DOCUMENTS IN SOIETY OFFICE. STILL SOCIETY DOES NOT GIVE US THE MEMBERSHIP.AAND UNOFFICIALLY DEMANDING THE ENTRY FEES. THEY DONT’T ALLOW US TO ENTER IN THE SOCIETY/FLAT. AND TO MAKE OME REASON THEY LODGE THE FALSE POLICE COMLAIN AGAINST US.WE ARE STAYING IN THE RENTED FLAT AND WANT TO SHIFT IN OUR OWN FLAT. SO WHAT TO DO.

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  • Kiran Desai says:

    Hello,
    Can I get the postal contact address of your office for sending the details of complaint by post?
    Thanking you,

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  • Need help to resolve dispute rearding allotment of second car parking under the stilt which is still lying vacant and given to a tenant as Temporary parking denying justice to me. I am Living in Gurgan (Haryana) 122003 in RWA Classic Apartment Welfare Society. Thanks

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