Advocate Nitin Thatai

Questions Answered by Advocate Nitin Thatai

Q: Paid money to get job but didn't get neither got full refund

I paid some money to an agency to get me a job. I paid 25K to get the job but they kept extending that date to get job, they promised that if they couldn't get me a job, they would refund the same. But i didn't get the job, so they refunded only 20K. Now they are denying to return 20K. What action can i take against them?

Advocate Nitin Thatai answered
Kindly be clear as on the one hand you say they have refunded only 20K and on the other hand you say they are denying to return 20K. If they have returned you 20K then for 5K, kindly go through the terms and conditions of the form which you might have blindly signed while applying with this agency. They might have written in those documents that they would be charging 5K even if you don't get the Job. If you did not sign anything while applying then you can file only a police complaint and without any documents, consumer complaint would not be maintainable.RegardsNitin Thatai

Q: Remedy against complainant after complaint was dismissed by court

Istighasa / complaint was dismissed by court saying that no prima facie case is made out. Whether I should prefer criminal case u/s 211, 500 IPC or file civil suit for claiming damages ? Whether independent witnesses are necessary when documentry evidences are available showing that the complaint was false ?

Advocate Nitin Thatai answered
If the complaint was dismissed by the Court then you can also file a Revision Petition before the Appellate Court and thereafter you can also approach the High Court. Once the complaint was dismissed by the Court, there are very bleak chances that another complaint would be entertained by the Court on the same cause of action.RegardsNitin Thatai

Q: Can I file a case for false and malicious prosecution

false fraud case filed against me and was dismissed by the court. The appeal was also dismissed. Now can i file a case against the person for false and malicious prosecution. What case can i file, civil or criminal?

Advocate Nitin Thatai answered
Yes, you can file a case and claim damages from the person who impleaded you in a false case. The case would a criminal case under Section 499 of the Indian Penal Code under the head defamation.RegardsNitin Thatai

Q: How can I prove in court that I am receiving threat from someone

if some unknown person gives me threatning on behalf of soem other person, wil that be my reposnibility to find those and proove that in court. Or merely saying is enough.

Advocate Nitin Thatai answered
It would entirely be your responsibility to prove that you have received the threat from a particular person and if mere saying would have been enough then even Prime Minister of the Country would have been made an accused my mere saying.

Q: Can I get my case transferred in one court

is it possible to get hearing all hearing done in your hometown court even if incidence happened outside of your homtown with you, with stmt given in court that you feel danger of your life from accused in his own city.

Advocate Nitin Thatai answered
Yes, the case can be transferred by the concerned High Court if the same is pending within the same State and if the case is pending in for example Punjab and you want to get it transferred to Haryana, then it can only be done by Supreme Court of India. For getting the case transferred, you will have to show the threat perception. Merely alleging threat would not be enough but you need to apprach the concerned Police Station or the judge by filing a complaint to them also.RegardsNitin Thatai