Advocate Himanshu Srivastava

Questions Answered by Advocate Himanshu Srivastava

Q: What to do an online bank fraud of 15 lacs

My father's account in ICICI bank was subject to a fraud of 11 lacs rupees in May. 1. My father didn't share his debit card details or account details with anyone. 2. The Fixed Deposit of 20 lacs was broken online without his signature or Adhaar card details. 3. Due to our mistake, our phone was hacked and thats why we didn't receive OTP. Bank completed the investigation and is saying that it doesn't hold any liability 4. We want to know if we can file a case against the bank for following reasons: FD broken without signature, 11 lacs transferred within 15 minutes through IMPS and wasn't stopped by bank Debit card details were compromised without we sharing it with anyone.

Advocate Himanshu Srivastava answered
Sir,You can definitely file a case in Consumer Forum for deficiency in services as mentioned by you. But primarily you should write a complaint to banking ombdusman mentioning all details and seek a reply within 15 days. Hopefully you get speedy justice . Feel free to Contact me for any queries.

Q: Possession not given by Varanasi development authority

Dear All I have bought a free hold plotl in Varanasi City through Auction process from Varanasi Devlopment Authority (UP Government Devlopment Authority). Varanasi Devlopment Authority has done registry on my name in Oct 2010, When I have started construction the Varanasi Devlopment Authority officials oraly communicate to stop construction on the plot. After that from last six to seven years I am regularly visiting the Varanasi Devlopment Office for giving us physical possession of plot.,They are always hiding the fact that land is in legal dispute with other party.When we are started asking through Online complaint portal then VDA confirm that land is in legal dispute with other party. Now I want to know that what kind of option I am having in legal case that is going on land, and apart of this what kind of right I have as a customer for not giving the possession of property by Varanasi Devlopment Authority in last so many years. Regards

Advocate Himanshu Srivastava answered
Yes Sir, You can definitely go to Consumer Forum for grievance redressal against the Development Authority. You will have to send legal notice to the Authority seeking reply for such deficiency in service within 15 days. Then file a Consumer case in the District Forum. You may Contact for Further details

Q: Dishonouring the payment to customer on issued cheque

I issued a cheque from my a/c to the party that was placed for payment but BANK refused to pay mentioning the reason that "not confirm through call." BANK called or miscalled me only once and for some reason I couldnt attend the call. Bank didn't intimate the incident through any means. I had to suffer loss by the way of money and credit both for such a careless approach of BANK. So please guide me if I can go to consumer court against the BANK and what can I charge for loss.

Advocate Himanshu Srivastava answered
Yes Sir, You can definitely go to Consumer Forum for grievance redressal. Prior to it you`ll have to send legal notice to the bank seeking reply for such deficiency in service within 15 days. Then file a Consumer case in the District Forum. You may Contact for Further details

Q: incomplete order recieved when ordered from an e-commerce site.

I have ordered for product displayed on an e-commerce site.reviewing all specifications and more information of that product i placed order for buy. After receiving product after delivery , i got in my notice that the product which i ordered was missing . I informed them , but they refused pursuing that the seller is not taking that complain .i mentioned that it was ordered by using their filter and sorting method so if seller has not mentioned that missing subject in that product than who is responsible? I made this complaint in ministry of consumer forum. Then they accepted it and made my return request. After few days i got the same product same specification. I address this matter to their senior people they replied that they will look after it. But they not responding now

Advocate Himanshu Srivastava answered
Dear Sir,You can send a legal notice to the Ecommerce website as well as seller , if you have the details. In the notice please mention all details of purchase and receipts and seek reply within 15 days. If you do not get reply then file a consumer case in District Forum as this is a cse of deficiency in service. For further details feel free to contact.

Q: Procedure of filing Jaypee claim?

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

Advocate Himanshu Srivastava answered
Dear Sir, You can send a legal notice to Jaypee regarding your claim . You have to mention all details of contract with date .If within 15 days no response is received then file a consumer case in District Consumer Forum for deficiency in service . For procedure of filing in District Consumer or National Consumer Commission feel free to contact me.