Advocate Aashish Srivastava

Questions Answered by Advocate Aashish Srivastava

Q: Legal formalities required to open a play school

are there any legal formalities to be done to open a play school in Noida?

Advocate Aashish Srivastava answered
Dear Sir,A playschool in Noida can be started as a franchise of a larger entity or start your own institution and for the same you need to have the either of the followings: If you are starting your own institution, it can be done either as a LLP, partnership, or as a company. The objectives of your ventures need to be drafted carefully to not; or If you wish to enter into a franchise agreement, you should enter a minimum lock-in-clause for a fixed period, so that the agreement shall not be terminated by the parties unless either party violates the agreement and other aspects to protect your interest within legal ambit. Also, you need to ensure the compliance/approval for the followings:i. NOC from local Tehsil Office;ii. Approval from Director of Education;iii. Approval from CBSE/Education Board;iv. Compliance under POSCO Act, Minimum Wages Act, Child Labour (Prohibition) Act etc.;v. To Comply with National ECCE PolicyBesides the above mentioned applicable legal framework & guidelines, there are several other applicable laws, which needs to be cater from time to time, for which it is advisable to get in touch with a lawyer.

Q: Online alcohol delivery website with Aadhar verification

HI, I wanted to know if someone can start an online ordering website/app wherein we just DELIVER alcohol to people's homes by taking it from licensed alcohol retailers and charging the customers for our DELIVERY SERVICE.?? Also, we plan to deliver alcohol only to people who provide their id proof on the website/app and verify that they are above 21 years of age.

Advocate Aashish Srivastava answered
Dear Sir, As doing business of alcohol is subject to license and permit specific to geographic location, an online delivery for the same would require proper structuring of your alcohol online business, which can be done via an e-commerce format or as an aggregator. However, both the modus operandi requires approval from the relevant government authority. In past, few online business such as letsbuydrink.com (which is now closed) had operated as online sale & delivery of alcohol where the risk allocation with the distributor had to be taken care, as the business is subject to several restrictions. A detailed legal advisory must be sought before commencement of such venture.Best-

Q: How to deal with company not giving refund for payment

Dear sir, A company name parwat helpy real estate India Ltd. I have invested in this company as RD , FD and completed my agreement time but company is not refunding .I have contacted many time to CMD but no response .so pls sir tell me what I can do .

Advocate Aashish Srivastava answered
Today driven by the lack of legitimate savings scheme for the rural poor, inadequate regulations and political patronage, hundreds of illegal ponzi-schemes masquerading as collective investment schemes or chit funds have sprung up across India. Many companies are engaged in a dangerous “money chain” where one investor’s principal and interest is paid off with money from new investors. Such schemes collapse when no new investors come in or when suspicious investors demand their money back in one go. These companies take money from investors in the name of tour packages, investment in agriculture, solar farm or purchase of plots or homes in prime locations over a specified period of time, with a money back option added at the end of the maturity period. Investors are encouraged to cancel their bookings and re-invest the money in new projects, since in most cases, there are hardly any projects on the ground, or they fall way below the value of the investment garnered. The money thus raised goes into the pockets of the promoters of such groups. Prior to moving ahead you should understand Collective Investment Scheme- An investment scheme wherein several individuals come together to pool their money for investing in a particular asset(s) and for sharing the returns arising from that investment as per the agreement reached between them prior to pooling in the money and as per Collective Investment Scheme Regulations, any company involved in CIS has to register with SEBI . Today, many companies especially in semi-urban and rural areas are accepting deposits in their company’s name and also promising two to three times returns in two to four years without taking any legal permission. However, In light of a lot of news relating to sham entities garnering funds through fraudulent investment schemes with promise of huge returns mainly in the name of property development and agriculture, SEBI has in the last few years, intensified its scrutiny of investment structures that raise domestic capital on an unregulated basis. In past, SEBI (Securities Exchange Board of India) had taken action against such fraudulent companies including Kalptaru, Alchemist, Sahara & PACL.Therefore, it is advisable that you should file a complaint in SEBI, as the nature of activities of Parwat Helpy Real Estate Limited is similar to activities of PACL and such other companies.