Advocate Aakarshan Aditya

Questions Answered by Advocate Aakarshan Aditya

Q: Delay in possession of flat.Should i claim refund or compensation?

Against 3 yrs I am being given possession of flat in 5 & half yrs. Full amt being demanded with 1 yr maintenance of 10K in advance. Flat & project not yet complete. Can I ask for full refund with interest or take possession when project is fully complete with penal interest from builder till that date?

Advocate Aakarshan Aditya answered
You can ask for refund by filing a case in the consumer dispute redressal commission at all the three levels i.e. District,State or National depending on the value of your property or the amount of damage suffered. It is advisable to first send a legal notice to the opposite party giving them chance to respond.

Q: Paying salary to employees without written proof can they sue me

I have employees working with me more than 25 years in my concern.i am paying the monthly salary regularly. I dont have any written proof such as signed vouchers with me which proves that i have paid their monthly dues. Can they sue me legally in the court of law? And all of them are near the age of 60 years..is there an age criteria an employee can sue his employer?

Advocate Aakarshan Aditya answered
The answer to the second part of your question is: No, there is no age criteria for filing any complaint in a court of law. The answer to the first part of your query depends upon a number of factors:The nature of employment,the number of employees,whether you were covered under the EPF Act etc.?

Q: How to take premature retirement from air force?

sir, i have applied for discharge from air force on compassionate grounds after 15 yrs of service and was not approved by the competent authority, stating the reason, the grounds does not merit consideration.

Advocate Aakarshan Aditya answered
Discharge on compassionate ground is a matter of Administrative Discretion.If the administration in its wisdom thought that the ground does not merit consideration,then it well may be the case unless the peculiar facts of the case can prove otherwise.

Q: How to apply for army pension

Hi, Sir my name is Sanjay Jha S/o Dasrath Rupkant Jha who served in Indian army for 4yrs and 3 months and participated in two wars in 1962 and 1963 in which he was wounded by a bullet,however he was retired on medical circumtances saying Neurotic Depression but still did not receive any pension.

Advocate Aakarshan Aditya answered
My understanding is he would have been retired in 1965 or 1966? Did he fulfill the criteria to be eligible for pension in the first place? If yes then did your father or you approached the appropriate authority all this while? You may not have a case now.

Q: Employer using unlawful way to terminate my service what to do

Employed with the company for 12 years. I Head a department at a supermarket where a theft happened and its done by my boss and my subordinate. As I am in-charge of that department. I'm been used as a scapegoat and entire blame is on me. I received a show cause notice to prove my innocence. Both my boss and subordinate has resigned. And now entire pressure is on me.

Advocate Aakarshan Aditya answered
Respond to the show cause notice with a suitable reply, explaining clearly as to how you were not responsible.Ensure that you rebut each and every questions or allegations specifically and clearly.All the Best.