Advocate Nupur Kumar

Questions Answered by Advocate Nupur Kumar

Q: Is recovery possible with interest under given circumstances

I deposited Rs 10.31 L with a builder to book a shop in his project around 5 years back and the project is not yet started. I filed an FIR and after one year of FIR i got this money back but he has not given any interest for 5 years. I have signed on documents about full and final settlement as they were not giving me cheques without signing those documents. My queries are 1) Can i still pursue to recover my interest amount ? 2) What procedure to be adopted if i can pursue ? 3) Total fee chargeable by you. THANKS

Advocate Nupur Kumar answered
Yes recovery is possible with interest. You may also address a legal notice to the builder for refund of your money with interest and if the same does not yield any result you can approach the consumer forum .

Q: Execution of court orders in NCDRC, Delhi

We had booked a flat in 2010, possession of which was to be given in 2014, but not completed even 50% till date. We a group of buyers filed case in NCDRC, and got a refund order along with Interest from court, but builder has not given any refund in the given timeline, now we are planning to file for execution of the NCDRC order with a suitable lawyer which is yet to be appointed. Now as a separate effort, we discussed at builder's office for swapping of a ready property, now they want us to submit a request letter for the same, now our query is that , giving this type of letter will have any legal consequences on the execution filing.

Advocate Nupur Kumar answered
It is more advisable in your situation to send them a notice stating that they have failed to comply with the orders of the Court and give them time to refund the amount with interest or as an alternate releif provide an alternate plot/ flat of the same value, size etc.,

Q: Can same brand name with different be sold

I am on a verge of finalising a deal with a foreign brand after which I will beits all india disttibutor. But upon research I found out that the brand name is already registered by someone else in India on his name in 2013. Can we sell that particular brand?

Advocate Nupur Kumar answered
Yes you can sell the product in India, however the following has to be borne in mind:1. Whether the foreign brand was the first to use the mark globally 2. The goods/services for which the Indian party has registered the mark.Please keep the same in mind and revert for any clarifications

Q: Copyright issues related movies/songs shown in flights

I am an Airline X which is showing a movie to their passengers, what rules are taken into consideration, and how do they actually show the movie, do they rent it, lease it, similarly for music?

Advocate Nupur Kumar answered
You have to seek a license from the producer/ distributor for the purpose of showing it onboard. Similarly you have to take license from either the music societies for playing the music onboard (any commercial use)

Q: Documents Required to File SLP

Appeal in Division Bench against order of Single Judge was dismissed by the division Bench of High Court . For filing SLP in SC is certified copy of Judgement/order be sufficient along with certified copies of Writ appeal with Anexures or else the Certified copy of Order or certificate of fitness for appeal / refusal to give certificate of fitness are required . Please clarify,

Advocate Nupur Kumar answered
For filing the Special Leave Petition only a certified copy of impugned order is required (if not available for that too an exemption application can be filed). Typed copies of all pleadings will be required. Please contact for further advise