Advocate Shobhit Mishra

Questions Answered by Advocate Shobhit Mishra

Q: Issue with builder in buying a property

I gave advance of 4,00,000 to a local builder who was selling his newly constructed house in Durg Chattisgarh. Nect process was to get the remaining amount as bank loan. We applied for loan through ICICI bank and loan was approved for our credentials. Bank wanted to visit the property and verify the builder's document. The document which builder provided was not satisfactory for bank to give loan and hence the loan was rejected. We asked builder to return the advance amount but he denied and sent a legal notice saying that if the we don't book in a month the advance money will not be returned and the booking is deemed cancelled. Now, My Issue is banks will not give loan and I cannot complete the deal. Is this a consumer case and can I go to consumer forum against this or is this even not a case and I shall forget about my money now. The game which builder has played is accountable for all these mix ups.Any suggestions here will be really appreciated.

Advocate Shobhit Mishra answered
The booking amount can be refunded and surely it is a consumer case.Just send a reply to that notice asking him to refund the booking amount and state the reason that the bank has rejected your loan on the ground of unsatisfactory document provide by the builder. And to make your case strong also ask the bank to give it in writing the reason for rejection of loan.

Q: Phone didn't replace on time. Now warranty outraged.

I purchased my Samsung j7 mobile a year ago 7th MarchHas been changed the display for the 3 times for same issue.I said them to replace the phone but they didn't.Now warranTy end. And same problem occur againShould I complain or not

Advocate Shobhit Mishra answered
Send a mail to them to replace the set because of display problem. If they refuse you can file a case on district consumer forum. I have argued on one case with similar facts and have got the relief both in district forum and state commission.

Q: How recover fee amount from college if not taking admission in it

I want Legal Advice related to consumer forum I take an admission in college for MBA and deposited fess online through NEFT. The college is situated in Pune and the college does not have any branches in Bilaspur Chhattisgarh. But I fill the application form and give interview which was conducted in Bilaspur Chhattisgarh. Now I was cancelled my admission and college accept my cancelation and college say that they will give my fess refund but the college not give the refund till now it is More than 1 month. The college authority say that they will give my fess refund and have some pations. This is written in their prospectus under Rules for Cancellation of Admission :- "All dispute will be settled and resolved by arbitration. All claim and disputes will be subject to Pune Jurisdiction only" If in case I want to fill a case against college so where I fill the case in Bilaspur consumer court or in Pune consumer court. Please Help Me

Advocate Shobhit Mishra answered
Firstly, for the refund of the fees you can send legal notice to the college administration. Secondly with regard to the jurisdiction query, if you have done payment from bilaspur and have given interview from bilaspur. In this case bilaspur district consumer forum will have the jurisdiction to decide this case. Personally, I would suggest you to send the legal notice first. There is a huge possibilty that after receiving the legal notice they may refund you fees.