Advocate Prerna Jain

Questions Answered by Advocate Prerna Jain

Q: WHat is the process of reopening of case in CAT

My case was dismissed by cat delhi due to myself filing memo of parties by name, can i refile the case again?

Advocate Prerna Jain answered
Procedure for filing applications. (1) An application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorized legal practitioner to the Registrar or any other officer authorized in writing by the Registrar to receive the same or be sent by Registered Post with Acknowledgement duly addressed to the registrar of the Bench concerned. (2) The application under sub-rule (1) shall be presented in triplicate in the following two compilations- (i) Compilation No. 1. - application along with the impugned order, if any ; (ii) Compilation No. 2. - all other documents and annexures referred to in the application in a paper book form. (3) Where the number of respondents is more than one, as many extra copies of the application in paper-book form as there are respondents together with unused file size envelope bearing the full address of each respondent shall befurnished by the applicant : Provided that where the number of respondents is more than five, the Registrar may permit the applicant to file the extra copies of the application at the time of issue of notice to the respondents.(4) The applicant may attach to and present with his application a receipt slip in Form II which shall be signed by the Registrar or the officer receiving the application on behalf of the Registrar in acknowledgement of the receipt of the application.Contents of application. - (1).Every application filed under rule 4 shall set forth concisely under distinct heads the grounds for such application. Such grounds shall be numbered consecutively. Every application including any miscellaneous application shall be typed in double space on one side on thick paper of good quality. (2) It shall not be necessary to present a separate application to seek an interim order or direction if in original application the same is prayed for. (3) An applicant may, subsequent to the filing of an application under section 19 of the Act, apply for an interim order or direction. Such an application shall, as far as possible, be in Form III. (4) Where the applicant seeks condonation of delay, he shall file a separate application supported by an affidavit.

Q: Can I get a refund from the developer due to non delivery in time?

Have flat in mohali punjab , the sale value is above 1 cr, but deposited value is 55 lakh plus interest plus litigation charges the mental agony. want refund from builder land promoter and builder mohali

Advocate Prerna Jain answered
Yes you can apply in consumer forum. As the flat value is above 20 lakh you have to file direct petition in State Comission. Also you can specify that you want refund along with interest. Now RERA is also in motion so there are fair chances you can get what you desire

Q: Whether complaint lies for faulty repair and immediate end of warranty

redmi company changed my phone motherboard in warranty (20-June-2017) and my warranty is over on 21-June-2017 but after change motherboard within 3 days it again faulty (23-June-2017) but reason is other for fault, the reason is whatever but they said your motherboard is faulty which they changed but now my phone is not in warranty (because my warranty is over after 1 days they changed). can i register complaint in consumer court?

Advocate Prerna Jain answered
Yes you can. Court will consider for amicable settlement. Also you can put pressure on company through this as on faulty product grpund they should have considered your request. Also request for compensation.

Q: What are legal remedies against friendly loans?

I gave my friend a friendly loan of sum 4 lakh under a security of blank cheque but he unpaid my amount and his family is saying that he dont lives here anymore they also disallowed his son from the property what action should i take

Advocate Prerna Jain answered
A STEP-BY-STEP GUIDE FOR LEGAL ACTION FOR A CHEQUE DISHONOURED.Cheques are every common in almost all transaction such as payment of bills, fees, salary etc. a large number of cheques are processed in the bank on daily basis. Cheques are usually issued inorder to secure the proof of payment. Generally, it is recommended to issue only crossed “Account Payee Only” cheques to avoid its misuse. The only payee can negotiate crossed and account payee cheque. Inorder to draw payment cheques are deposited in payee’s bank account. The drawer is the author of the cheque and the person who favors the cheque is called payee. Nowadays cheque bounce is common and is considered as the criminal offense. Following article contain the information what should be done if a cheque is bounced? The drawee bank will immediately issue a ‘cheque return memo’ to the payee’s bank mentioning reason for non-payment if a cheque is dishonoured. Then the payee’s bank gives the memo and dishonoured cheque to the payee. The payee can resubmit the cheque within three months from the date on it if payee believes it will be not bounced again. However, if the cheque can’t be processed again then payee has the right to sue against drawee. Payee can legally move against drawee only if cheques is issued for discharge of a debt or any other liability of the defaulter towards payee. Payee can’t move legally if cheques were issued as the gift. According to negotiable instruments act, 1881, it is possible to file a case against dishonor of cheque. Dishonour of cheque is considered as a criminal offense and is punishable by imprisonment upto 2 years or with a monetary penalty. Before moving legally payee gives a chance to repay the cheque amount immediately and this chance is given in form of written notice. The payee has to send the notice within 30 days from the date of receiving a memo from the bank. The notice should contain the amount on the cheque to be paid to the payee. If the issuer fails to make payment the payee has right to file a criminal case under section 138. Want more clients? Register Here - freeHowever, cheque dishonor complaint should be registered in a magistrate’s court within a month of the expiry of the notice period. Requirement needed to move legally against cheques dishonour• The cheque should have been drawn by the drawer on an account kept by him. • The cheque should have been bounced because of insufficient funds in the drawer's account. • The cheque is issued for discharge of a debt or legal liability. Punishment & penalty for cheque dishonourThe punishment prescribed for such an offense is either fine which may extend to twice the amount of the cheque or imprisonment for a term which may be extended to two years or both.

Q: Is contractual employee eligible for maternity leave ?

i want to know that contractual employees are eligible for maternity leave in a central govt organisation or not?is it necessary to mention in their appointment letter or order about there maternity leave or any other leave benefits?

Advocate Prerna Jain answered
circular issued by Govt. dt.06/11/07 as per which female Govt. servants appointed on contract basis are entitled for maternity leave only for two months and beyond two months, they are entitled for grant of leave without pay for two & half months.