Advocate Anup Kumar Upadhyay

Questions Answered by Advocate Anup Kumar Upadhyay

Q: Consumer case against dell for faulty laptop how to proceed with it

Hi, I have filed a case against Croma & Dell for selling me a faulty laptop. Dell has set me up for exchange and gave me re-furbished laptop on both occasion which didn't work even for a single day. And they didn't give me invoice receipt on 2nd exchange and didn't respond after that. My case was going on for last 3 years and at the end judgement came in their favor, however one of the opp parties has never shown up and other have shown up very rarely. Let me know if you can help

Advocate Anup Kumar Upadhyay answered
as far as your grievance of against District Forum you can proceed in State Commission in Appeal. But if you need a lawyer and if you want him to be interested in the case throughout the case you have to pay him/her fees per appearance, but this is only my view .

Q: cheque issued by authorised signatory of proprietorship firm bounced

if cheque issued by authorised signatory of proprietorship firm and that cheque was bounce as "Stop Payment". can i file the suit on both person (Authorised Signatory and proprietor) or only the single person i.e. proprietor?

Advocate Anup Kumar Upadhyay answered
in proprietorship is someone other than the proprietor has signed the cheque on behalf of firm then you have remedy against both of the person under NI Act. a legal notice needs to be sent withing 30 days from the date of return memo, so contact a advocate immediately.

Q: If cheque payment stop by drawer can I raise FIR.

If Cheque Payment Stop By Drawer Can I Raise Fir.?

Advocate Anup Kumar Upadhyay answered
if payment is stopped by drawer of a cheque which was issued against legally recoverable debt or liability then the person can certainly file an FIR for offense of cheating . But Better remedy will be to pursue the relief under NI Act and for that you have to send a legal notice withing 30 days from date of return memo so it will be better to contact a lawyer immidiately.

Q: What is the meaning of case disposed and possible remedies afterwards

Hi sir/madam My issue is my grandfather has filed a case in SC but due to some issue they couldnt attend the case .But the SC states result as case disposed .What it mean ? Can I refile that. Please suggest me Regards

Advocate Anup Kumar Upadhyay answered
case disposed is not complete information that why status of your case is not clear, generally court disposes off the case by clarifying what it has done with the prayer of the parties thus until full information is given nothing concreate could be said. even case no will be helpfull in determining your status.

Q: What action can the state take in case of traffic rules violation

Delhi traffic police issued a challan against me for violation of traffic light.I have to appear in the patiala house court tommorow. Is there is any serious situation that i have to fear of or just i have to appear before the judge and have to aacept my mistake and pay the fine that court will impound on me .i am preparing for civil services , is there any situation that can harm my carrer?

Advocate Anup Kumar Upadhyay answered
there is no serious situation related with your current predicament. you should just go and and appear before the concerned court and pay the amount imposed on you. if you so choose you may also take help of a counsel dealing in challans so that things may go smooother.