Advocate Anupam

Questions Answered by Advocate Anupam

Q: Medical negligence by Indian doctors can I sue them for this crime

I was operated for an ACL reconstruction in 2014. My leg was supposed to heal within 6 months. I visited my doctor multiple times and he never did an examination, if my leg was stable or not when I repeatedly told him that it was painful and not working fully. I left India in 2015 to pursue my Master's in USA. I recently went to an Orthopaedics surgeon here and he told me that my ACL graft is not functioning. I was told by my doctor in India that he'll use a Xenograft to do my surgery which is using a horse's ligament for a graft. My new doctor in USA wanted to use a part of my hamstring for the same surgery. I underwent another surgery and post my surgery he tells me that he was unable to find the part of my hamstring which he wanted to use for my surgery. His conclusion, my hamstring was taken out by my Indian doctor. My question: Should I be suing him for medical negligence and stealing a part of my hamstring? 

Advocate Anupam answered
Yes, you have all the rights and reason to sue the Indian doctor. It is a clear case of cheating and deficiency in service. The appropriate remedy shall be to file a consumer complaint and asking for damages. In the meanwhile you can also file complaints against the doctor with the MCI. You can also threaten the doctor with police complaint. At the end of the day, i see the doctor ending up paying you a hefty compensation.

Q: Remedies to be taken from wife as not giving me divorce and threatning

I am Hindu, want divorce from wife but she and her family is not ready to give, instead they are giving me a threat that they will burn me alive or will take all my family members to jail, doesn't know in what behalf or what allegations they are saying this. My and my family life is under threat don't know what to do

Advocate Anupam answered
If your wife is not giving you divorce then you can file for a contested divorce on the grounds of cruelty under section 13 of HMA. There are two kinds of divorce procedures. 1. By mutual consent - where both husband and wife agree to grant divorce. 2. Contested Divorce - when there is no mutual consent, but one of the spouse wants divorce.To safeguard yourself and your family from her threats you can file a complaint with the local police station. The police complaint will adequately suffice to protect you and your family in case your wife files a complaint under 498A IPC. Your police complaint will also help you in making a better case for grant of divorce.

Q: what to do for jaypee nclt claim

Flat in jaypee what to do

Advocate Anupam answered
You have to fill up 'Form F' which is provided in Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2017 and send the same along with supporting affidavit to Resolution Professional Mr. Anuj Jain appointed by NCLT.

Q: what is the procedure when bank lost loan documents

My loan got completed in sept 2015, but after completion of the loan, when I asked for my original property papers, the bank said they are misplaced and we will search for the same. I waited for 1 year and chased them every time on calls and mails but got only one reply we are searching. After 1 year they provide some of the duplicate papers and said, to continue the search for original papers as well. But it is now one more year and didn't receive any reply from the bank officials. I don't know what to do in this situation, if i want to sell my property, i will not get the actual price of the property due to lack of original documents. Please guide me.

Advocate Anupam answered
First you should file an FIR or a written complaint with the Police that the original documents have been lost. Original documents can be re-issued by the appropriate authority, on payment of an amount. You can try getting a quote of how much re-issuing the original papers will cost. Next you should file a consumer complaint citing deficiency in service against the bank praying for the amount to get the original reissued plus compensation. But hurry up, the limitation period in a consumer complaint is 2 years from the date of commission of deficiency.

Q: Procedure of filing Jaypee claim?

I have a flat in Aman sector-151. How to file NCLT

Advocate Anupam answered
You have to fill a form supplied in Insolvency and Bankruptcy Code and send it along with supporting affidavit to NCLT before 24 August. Though i believe the order applies only for people having booked their lat in Jaypee Wish Town, Noida.