Advocate Aarti Bhalla

Questions Answered by Advocate Aarti Bhalla

Q: Query on Evaluating my legal options against a defective manufacturing

Hi , I purchased a mobile (One Plus 6 ) from Amazon.in on 21st May,2018. Post 2 months of usage (in July mid) the vibrator of the device started making a rattling sound and the One Plus Service centre replaced my handset when I resisted on getting it repaired. Now a similar problem has occurred again and the handset is again making a rattling noise , I read about this online and found many consumers are facing similar problem worldwide (https://forums.oneplus.com/threads/oneplus-6-vibrator-rattle.861017/). It seems the device has a serious manufacturing defect and they are shying away from acknowledging this issue. I went to the service centre again and they have agreed to repair the device , but I'm not okay and I'm pushing for a replacement as this device is again 3 months old. My larger question is that "How can phone devices worth Rs.40,000 start having such serious problems in 2-3 months " Want to understand my legal options in this case and further action

Advocate Aarti Bhalla answered
You can file a consumer case in consumer forumBefore that a legal notice to be sent to the company directly for replacement of the said handset.Company might take immediate action on legal notice itself If not, consumer case will help

Q: Took education loan could not give one instalment bank declared NPA

Dear sir I have taken education loan from sbi 1,20000 rs. In 2012 -2015 i could not pay emi so bank declared my account NPA and suit recovery case against me. i cannot pay one time all amount but now i am able to pay in installement 8k per month what can i do and who will solve. My matter.

Advocate Aarti Bhalla answered
You should hire a lawyer and go to the court on date. With a reply drafted by your lawyer stating the same and get your matter referred to mediation If the bank representatives is positive, the court can pass orders for payment in instalments

Q: On grounds of which mental cruelties can wife file for divorce

What are mental cruality acts of a husband on which a wife can take divorce. Does she have to prof them in court.

Advocate Aarti Bhalla answered
Mental cruelty can be of any kind which is other than physical financial etcYes, it has to be proven in the courtIf not proven it will not be mental cruelty Contested divorce can also have more grounds than cruelty

Q: Brother got separated how to calculate the maintenance for child

My brother and his wife have to separate. My Bhabhi salary is 1.5 lakh per month and brother salary is 1 lakh per month. Both are working in Indian Army. They have a boy of 8 year old. What would be the maximum alimony my brother have to pay for this child and for how much time he would pay it. Second, If my Bhabhi marry to someone after divorce so will then also my brother have to pay the alimony of the child?

Advocate Aarti Bhalla answered
HiIf both are in the army, there is an association called AWWA, army wives welfare association. Awwa has its own rules and percentage fixed for such purposes and the salary is directly transferred to the wives or childs account.Yes, mantainace of the child has to be given

Q: Dispute with the creditor over non documented money

We have a dispute with a creditor. He supplied material worth approx. Rs. 20lakh in 2013 on chalan basis but did not raise a bill for the same (out of books). We paid him in cash(no proof) periodically in subsequent years. Meanwhile, he was our regular supplier with whom with did majority business in white as well till 2015. Our accounts as per books were settled in 2013. As of today, we have an advance of Rs. 1.5 lakh given to him standing in our books since 2015. We stopped doing business with him since the end of 2015. Now, he has double-crossed us. He is threatening us to pay Rs. 20 Lakh + Interest on the unbilled amount. He says he has the signed 'delivery challans' & 2 emails that he sent on our email id mentioning the materials, quantity with challan numbers. He has been sending us various texts demanding that money for 6 months. We were advised not to reply to the text messages. Kindly advise on what cases can he file against us, how strong is his case & what remedies available?

Advocate Aarti Bhalla answered
We need to see the papers and then guide.There are a number of litigatons civil as well as criminal which can be filed . Unless the exact dates of those challans and outstanding amounts are seen, can't guide u