Advocate Sumit Sharma

Questions Answered by Advocate Sumit Sharma

Q: Order passed by district consumer court declared null and void

passed a order in my favor by District consumer court, subsequently found impugned by State consumer Forum on ground that District court had no pecuniary jurisdiction to decide the case,hence Order of District consumer court declared Null and Void,going against me' can I file a fresh suit in State commission.Case was decided by State commission on 03.05.2018

Advocate Sumit Sharma answered
Hello,if the original complaint was lack of territorial jurisdiction and same was decided by the State Commission then you have to file your complaint in fresh only in District forum which is having the territorial jurisdiction as per act i.e. a.) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business, or 4[has a branch office or personally works for gain orb.) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; orc. The cause of action, wholly or in part, arises

Q: What to do a co-op society wrongfully charges money

I am living in gurgaon and The co-op society wrongfully charged 65,000/- as transfer charges that are barred by the high court of punjab and haryana. What action can i take ? I want to file FIR but police is not filing any complaint.

Advocate Sumit Sharma answered
Dear Sir,This type of disputes as lying under civil dispute, reason being police is not inclined to lodge a FIR on your complaint. in these type of Co-operative society disputes are addressed by district Registrar of Co-operative society.so please go to your concerned District Registrar Office with a complaint/issues . He will decide the matter as per law & rules laid down by Haryana Govt. . Thanks

Q: What to do if one party do not act in accordance with the agreement

I bought a salon from a person and agreed to pay advance amount around 80% in return of all assets of salon and client data via an agreement. But he didn't handover the client data on agreement date and delaying by making excuses, shared few contacts after multiple requests and follow ups. Meanwhile we have sound doubt that he would have approached existing clients and diverted them to his another salon due to which we are facing very low business. I audited his business for one month where we recorded sale in Apr 18 around 4Lakhs and in May 18 2Lakhs but when I took the business from 1st June 18, value went to bottom line because we saw a steep down fall in client walking at salon. Pls suggest a course of action we can take against him.

Advocate Sumit Sharma answered
Hello Dear,if the conditions as you mentioned are very well in the agreement, then it's you legal right to get them enforceable through the intervention of court of law. firstly issue a formal letter to him to adhere the conditions as per agreement if he fails to do so then approach a lawyer for further legal proceedings.

Q: Wrong product delivered by online shopping website & deny refund

Greetings, I received a wrong size of a product from website and they have declined my return request for the same. I wish to send them a legal notice for the same and go on with filing a complaint in consumer court if the matter is not resolved. I need to ask about the procedure and draft of a legal notice that is to be sent to website Thank You, 

Advocate Sumit Sharma answered
Dear,if you have received a wrong product or any deviation found in the product, which you have ordered and any return policy is very well there with the procedure to return the perticular item then your can issue a legal notice to the concerned online product selling company through an advocate only.just go to an advocate and make him aware about all the scenario,then he will issue a legal notice to online product selling company on behalf of you.thanks

Q: Can a wife be held liable in a cheque bounce case?

House Wife is proprietor of firm gave GPA to hasband cheque sign by GPA holder , Is wife is also liable in the cheque bouncing case or not

Advocate Sumit Sharma answered
Hello,Yes, definitely , house wife be impleaded as a main accused party in Cheque Bounce Case, if she is a proprietor of cheque issuing firm . but can also be enjoy some relief from the curse of the Law, if she shows evidences related to GPA and that the same cheque was not issued as per her directions.