Advocate Aalok Dobhal

Questions Answered by Advocate Aalok Dobhal

Q: Delivery of defective and wrong product by bookmyoffer.com

. I ordered a Samsung 25000 mah power bank with Samsung 64 gb memory card of Rs.718 through bookmyoffer.com. But the delivered product contains 16800 mah power bank with 128 gb memory card. The delivered power bank is also a used (old) product and it is not working Details of your Order Order Date - 12.08.2016 16:24 Delivering Date – 23.08.16 Order Confirmation Number: 080467725909843 I have also made complaint on your website through email on 23..8.16 but no satisfactory action was taken, I have also tried to send complaint to it by post but its head office address is not correct

Advocate Aalok Dobhal answered
You may file consumer complaint in this matter. First of all you should serve the legal notice to the company through registered post and through e mail. After this if the company did not respond the notices you may file the consumer complaint in appropriate consumer forum in this regard.

Q: Can I file a case in consumer forum for fee refund from college

In one of engineering college I deposited fee in2015 but I was late for with draw of admission, i not go even single day in college because of lack of facility and unfair trade practice is there is chance of getting my fee back the college have 3 branch and I was alloted 3 no. Clg but they deposit my fee in 1 no. Clg, i have also evidence of it in fee receipt i start my counselling from home town but clg fee deposit in other city so can i file a case from my home town.

Advocate Aalok Dobhal answered
in this situation as you described, you can file the consumer complaint in consumer forum under section 12 of consumer protection act,1986. before doing so my advice you to file an application under RTI Act to know the position of your that year's admissions, because if the concern college has kept vacant your seat than you are not eligible to refund your fee and if the college has filled your seat then you are eligible to get the fee , so file the application under RTI Act to know the position. You will have to file the consumer complaint in consumer forum witin 2 years from the cause of action. You will have to file the consumer complaint in the consumer forum in which the jurisdiction of the concern college comes, your home town will not be the jurisdiction to file consumer complaint.

Q: Gave money to buy product from online but site is fraud what to do

My question is that before 2 yesterday I had done a online shopping with site "open2kart.com they called me for an offer with 1999 rs to buy it online and they will give me a gift as with 4 choices you have to choose one I choose iPhone 5 they tell me if you choose it you have to pay the tax amount of rs 17000 I paid it online of 6000 rs instantly on call and they told me they will refund it in 2days after paying full amount of 17000 but after I have seen there Google reviews that there site is fraud and some are sayin site is good ..then nxt day I called them to return back order and cancel the transaction and return my amount back and now they are not returning it now lawyer wat to do ?

Advocate Aalok Dobhal answered
You can file an fir in police station of your jurisdiction against the company as well as you can file the consumer complaint against the company in consumer forum. Keep the transaction receipt safely for evidence.

Q: Respondent is willfully not filing reply from more then one year.

We 10 Sr. citizens (age 67 to 89 yrs) filled a civil writ against Jaipur Dev. Authority, in May 2015 and notices have been served in July 2015. The Respondent is willfully not filling the reply till date, as one of their Officer will be in trouble. Pl advise under which Sec. closer of reply application may be submitted or JDA may be ordered by court to fill the reply for early disposal of writ.

Advocate Aalok Dobhal answered
In the next hearing of the case you may request the court to order the respondent to file the reply or if the respondent is not willing to file the reply then the court may close the reply. There is no provision to file application for closing the reply of the respondent.

Q: Cheque from chennai bounced when put in rajasthan where to file case

A person give me cheque of SBI Chennai branch. I have my bank account in rajasthan. I present the cheque in my own branch and the cheque was bounced due to insufficient balance. Now where I can file complaint against the person- at Chennai or at rajasthan?

Advocate Aalok Dobhal answered
This controversy was arisen in the case of Dasrath singh decided by the supreme court. According to this judgement in such matter the case has to be registerd in the jurisdiction of the court where the drawer's bank is situated. Now the center government has passed the Ordinance in this regard to solve the controversy . Now the case can be registered in the jurisdiction of the court where the Drawer has the bank account as well as in the jurisdiction of the court where the Drawee of the cheque has his account. SO THE COMPLAINT CAN BE FILED AT CHENNAI where the Drawar has it's bank account as well as in rajasthan where the bank of Drawee is situated.