Advocate Daggar Malhotra

Questions Answered by Advocate Daggar Malhotra

Q: Is power of attorney need to be attested if I am out of country

I need to file a case in consumer court. Is power of attorney required to be attested by Indian consulate, as I am out of India at the moment

Advocate Daggar Malhotra answered
Yes, in case you want someone else to file the case on your behalf you need to have a legally valid POA. it is mandatorily required to be attested by the Indian Consulate. This is must in order to avoid any issues later in regard to authorization.

Q: Delay in possession of flat what can i do.

, I booked a flat in Noida Extension in 2012. Builder was supposed to deliver my flat in Dec 2015 but still it is far away from completion. I asked the builder to return my money and let me surrender my flat since I am not able to pay rent and emi together. But the builder is not allowing me to surrender my flat.

Advocate Daggar Malhotra answered
You are entitled to get back the amount paid by you. You may file a case in the consumer Forum for the same. I regularly deal in such matters, you may contact me for further assistance.RegardsAdv Daggar Malhotra

Q: How can I transfer case filed U/S 498A and 406 to Delhi

Need to transfer 498A and 406 case to Delhi, require lawyer for transfer petition in supreme court. Have case in Gr Noida court currently but judge has been bribed and other parties never turn up but get relief every time. its more than 1 and half year but not once all the parties have come. I have to run with my 1 and half year daughter everytime. Currently living in Delhi and want to transfer my case there but lawyer ask for high amount just for transfer, not earning much and father is retired. Plz help as not getting justice and other party is rich so get extra comfort everywhere. Hav no maintenance either don't know what to do, just have hope from Delhi judges heard that they are honest and better than UP.

Advocate Daggar Malhotra answered
Sure, considering the facts and circumstances of your case, transfer petition can be filed in the Supreme Court. I regularly handle such matters and you may contact me for further assistance.Regards

Q: Stay order agains BBA required for claiming compensation for delay

I have filed a case in NCDRC but due to technical ground case not yet admitted and given next date on 30 oct. 2016 due to decision by larger branch awaited. Kindly give advice can I apply for stay order against my BBA as preventive measure if builder to be take any adverse action like cancellation of my booking. Kindly note down I have already paid 95% of booking amount and scheduled date of delivery was 31 Jan. 2014.

Advocate Daggar Malhotra answered
Yes, you may file a Stay Application in order to prevent the builder from cancelling the booking in case you are of the opinion that the builder may cancel your booking. The outcome of this application would also depend on what relief have you asked for in your case and particular facts and circumstances of your case.

Q: Prize Being Not being Given by Honor India

Hi I won a Prize in a contest arranged by Honor India. They are not sending the prize. According to terms and conditions the prize should be send within 3 days and now its 4 months. Is there any way I can get the prize. They are not giving clear responses. What are chances of winning the case? Should I do the case ? Here are terms and conditions. The prize was A smartphone. I have all the emails and replies given and send by honor. They have also posted the winner name on facebook page. T&Cs https://store.hihonor.com/in/excitingoffers-tnc .

Advocate Daggar Malhotra answered
Yes, in case you have all the proofs of your winning the contest, you have a very strong case and chances of winning are very high. But you must read all the terms and conditions before that in order to make sure that you don't fall under any exclusions.