Advocate Chetan Jaiswal

Questions Answered by Advocate Chetan Jaiswal

Q: Refund cheque bounced by a builder

I had booked a flat by paying 2L. but even after 4 yrs I didn't see any progress in project so I cancelled the flat. Builder gave me a refund cheque but it bounced due to Insufficient funds. I am filing 138 and my laywer charged me 10K now but my lawyer is suggesting me to file a case in Consumer Court as well as asking me for 15K. Please suggest correct options for me to get fast resolution and correct amount to be paid.

Advocate Chetan Jaiswal answered
Dear Sir/Ma'am,Filing of 138IN case is a good decision. However, I would suggest to go for action under RERA Act instead of consumer court in case if the project is registered with Maharera. If the project is not registered under Maharera then you may go for consumer court for claiming compensation.

Q: Property Ownership among couples in case of differing investments

Hi, Among couple: If a property is registered in name of one person only(let's say husband only) but majority of payment for purchase of that property has been done by other person (let's say wife), then does the other person(wife, in this case) have stake in that property (in case of dispute between couples)? Can the person in whose name property is registered (in this case husband) deny any stake to the partner.

Advocate Chetan Jaiswal answered
Dear Sir/Ma'am, You can claim the rights in the said property with respect to the payments made by you. As the major payments made by you. You can always claim the payments made by you. Recovery of your payment with interest is possible if the party fails to clear your claim.

Q: Want recover dues from ex-employer

My full and final settlement is pending and inspite of repeated reminder no action from MD. There are some 3Lacs plus dues penidng ( Relocation + transportation + notice buy out period from previous company) which have been promised while appointing me from Delhi to pune. it been 2 and half years of letter and emails but no action. Pls suggest action.

Advocate Chetan Jaiswal answered
Sir,You can Issue a demand notice to the company and then too if the company fails to clear the due you can approach to Labour Court and file a complain for recovery of the same. For Further details you may contact through call.

Q: Settlement of pending salary and bonus

My father has been working with a company for the last 30 years. The company got divided between two different owners in 2010 and my father shifted to the new incorporated company. His last withdrawn salary is 13000 and his PF is clear till 2010. He had a heart surgery in 2013 and after that the company has refused to take him back in employment. His bonus, PF and gratuity is still pending from 2010. what steps can he take ? can i move to the labour courts for help or do i have to approach the civil court for this ?

Advocate Chetan Jaiswal answered
Sir,You can approach to labour court and even before that you need to send the company a form claiming the gratuity and other claim. There is not limited to claim gratuity.Regards,Adv. Chetan Jaiswal

Q: How to stop payment for post dated cheques

Post dated 5 Cheque of rs. 300000 is issued to a person. I have to stop payment pl advice.

Advocate Chetan Jaiswal answered
Sir,You can stop payment by instructing the bank. This may lead to cheque bounce case. It depend upon the reason why are you stopping the cheque. You may write a mail or send letter to the other party regarding not to deposit the said cheque with reason.Regards,Adv. Chetan Jaiswal