Advocate Suneel Moudgil

Questions Answered by Advocate Suneel Moudgil

Q: Seller refuses to provide bill, is rude and trying to extract money unethically

I purchased 2 ACs worth INR 60,000. Paid 10,000 as advance and at time of delivery started following up with the seller. It is at this time that the seller started behaving mischievously and rudely. Nevertheless I transferred the balance amount so that the products are delivered. The seller did not give any update for 4-5 days and also did not respond to messages. Finally he delivered the products but did not provide the bill. He insisted that i pay three times the delivery cost that was discussed if I wanted the bill which i refused. To which he threatened me that He will make me come all the way to his shop to pay the delivery charges. What actions I can take to make sure I get the bill. I have no problem posting the genuine g delivery charges but this guy has been untrustworthy and very rude all the while.

Advocate Suneel Moudgil answered
1. you can serve him a legal notice through a lawyer to provide the invoice of your purchase,2. if the invoice is not provided despite service of the legal notice, you can file a consumer case from your place,3. chat, call records, WhatsApp record, if relevant, can prove your case and are admissible as an evidence

Q: Physical abuse and sexual abuse

My mother in law beats me every day and abuses me she also abuses my my only son and my husband too someone is filling her ears against us she threatens us that she will file a complain against us all and put us all behind bars she threats to finish my son's career by making complain tell me what should we do

Advocate Suneel Moudgil answered
if you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,and, if you want to terminate the matrimonial knot, then,try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.if failed, you are advised to file/claim498a complaint (for causing mental, emotional, physical and monetary abuse, etc) Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)you have rights to claim residence, protection, compensation, maintenance, if you do not want to opt the divorce presently, you can ask for judicial separation also,

Q: I need a protection from my wife .being mentally and financial harras

I am 42 years have 2 children and from last 10 years I am being harrased to get money as desired by my wife if I can’t bring that home I am forced to sleep outside home . And don’t have any self respect and mentally being disturbed I was also beaten several times . And have no physical and emotional relationship with my wife from last 3 years . And in this 3 years period I got attracted a female it was not forced attraction but a gods willingness. Now my wife came to know it and she is telling I will make her life hell and make her reputation screwed up . And asking 5 Lacs from me to spare her and over and above 2 Lacs per month . I want a legal remedy ASAP . Experts please advice me I need help

Advocate Suneel Moudgil answered
. if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.if failed, you have two options,one option is to,file contested divorce on the grounds of mental cruelty but it will take around 3-5 years,once you file contested divorce she may file/claim498a complaint Domestic Violence casemaintenance,so be ready for them too,and,the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,RCR will work as a safeguard to 498a, maintenance, DV etc

Q: Need legal advice on haryana staff selection commission related matter

Sir,Haryana Staff selection commission had released an advertisement for the post of clerk. I applied and qualified the written examination which was of total 90 marks. Further, there is no interview as there is a socio economic criteria where a candidate can get maximum of 10 marks like in family there is no government job you can get 5 marks. Experience marks in which they firstly mentioned that experience marks awarded to those candidates who have goverment contractual experience on same or higher post after exam they changed and mentioned that experience marks will awarded to those candidates who have experience in haryana government only. I am Haryana resident and I have experience delhi government experience so can I go for justice as I can see there is discrimination Please guide

Advocate Suneel Moudgil answered
if you think that the related notification of the haryana government is discriminatory, you can file a writ petition in the punjab and haryana high court at chandigarh.you can contact me for a detailed information.

Q: Non-payment of Salary of last four months i.e. April, 2020 to July, 20

My salary for the month of April 2020, May, 2020, June, 2020 and July, 2020 is not paid till date inspite of repeated reminders. When, I started insisting for payment of my salary, I was asked to report for duty at Bahadurgarh instead of Work from Home, They all are well aware of the fact that public transport is not available from place of my residence Delhi to Bahadurgarh. This was intentional and deliberate act of HR and Management to harass me. Management is well aware that initially when there was a complete lockdown in the country since 24th March, 2020, I provided all required support and services from Home to ensure that any work requiring IT support does not stop or come to halt, as IT support can be provided from any place and is not dependable and bind to any physical or geographical location.

Advocate Suneel Moudgil answered
1. you can serve him a legal notice through a lawyer to make payment of the outstanding salary along with the interest,2. if payment is not made despite service of the legal notice, you can file a court case