Advocate Abhay Rajesh Gupta

Questions Answered by Advocate Abhay Rajesh Gupta (100+ answers)

Q: नवी गलत ट्रांजेक्शन रिफंड मनी 06299309929

नवी ऐप (Navi App) से गलती से किसी गलत व्यक्ति या खाते में पैसे ट्रांसफर होने पर, तुरंत 06299309929, संबंधित लेनदेन की शिकायत दर्ज करें, 12 अंकों का यूटीआर (UTR) नंबर नोट करें, अपने बैंक को सूचित करें, और जरूरत पड़ने पर NPCI पोर्टल पर विवाद दर्ज करें।

Advocate Abhay Rajesh Gupta answered
*For wrong UPI transfer via Navi App:*If money is transferred to a wrong person/account via UPI/IMPS, transfer cannot be auto-reversed. You must act immediately:1. *Report on App & Bank:* Raise dispute in Navi App > Transaction History with 12-digit UTR No. Also inform your bank in writing as per RBI Guidelines on Unauthorized / Erroneous Transactions.2. *NPCI Dispute:* Your bank will raise chargeback via NPCI under UPI Dispute Management guidelines. You can also register grievance on NPCI's UPI Help portal.3. *No Sharing:* Do not share OTP, UPI PIN or call unknown numbers circulated online - risk of fraud. Contact only official in-app support and your bank.Recovery depends on consent of beneficiary and bank action.

Q: MakeMyTrip not cancelling my ticket despite buying Zero Cancellation

I bought a one-way ticket from Anchorage to Seattle from MakeMyTrip and paid extra almost 25% for zero cancellation. I was not able to cancel it through the App or the Website. There is no email-id to contact them and I was on a cruise so I tried calling them repeatedly but they keptme on hold. Their chat bot also was ineffective. I wish to sue them. Want them to put an email contact and also sue them for false advertising.

Advocate Abhay Rajesh Gupta answered
In Recovery Law - Consumer Dispute against OTA.*Opinion:*Your facts prima facie disclose Deficiency in Service and Unfair Trade Practice u/s 2(11) & 2(47) of Consumer Protection Act, 2019.1. *Zero Cancellation:* You paid 25% extra for Zero Cancellation protection. If cancellation option was disabled / non-functional on App/Website, it is failure to provide promised service. It will be governed by MMT's Zero Cancellation T&Cs - whether US domestic tickets are covered, time limit, and claim process. Preserve screenshot of payment for add-on and error while cancelling.2. *No Effective Grievance Redressal:* Non-availability of email ID and keeping customer on hold while on cruise, with ineffective chatbot, amounts to deficiency and violates Consumer Protection [E-commerce] Rules, 2020 - Rule 4(6) mandates display of contact details and grievance officer.3. *Remedy:* You can sue, but mandatory direction to put email contact cannot be sought in individual consumer complaint - that is regulatory. Your remedy is:a) Issue legal notice for refund of ticket + zero cancellation fee with interest.b) File Consumer Complaint before District Commission for refund + compensation for harassment, if not resolved. File with NCH as well.c) For false advertising, you can also file complaint u/s 21 for misleading advertisement before CCPA.Keep boarding pass, PNR, payment receipts, call logs, screenshots of failed cancellation attempts as evidence.

Q: Builder is providing an insufficient parking and selling parking space

Builder is providing a 7ft wide space for parking. As per RERA norms, width should be min 2.5m & as per the sanctioned parking layout plan (12.5sqm per slot), there can be only 18 covered parkings, but he has divided an area where only 2 parkings can be slotted into 3 slots & total covered slots are now 21. Maneuvering space is also insufficient. In agreement he has written that parking space will be no more than 9sqm. Can the builder be challenged for not following RERA and sanctioned layout

Advocate Abhay Rajesh Gupta answered
Short Opinion - Yes, Builder Can Be Challenged.Builder's act of providing 7ft / 9 sqm parking against sanctioned 12.5 sqm (2.5m x 5m) plan and creating 21 slots instead of sanctioned 18 is illegal.Violation:1. Sec 14 RERA Act, 2016: No alteration in sanctioned parking layout without 2/3rd allottees consent. Sub-dividing 2 slots into 3 is a clear violation.2. Deficiency: 7ft width is below NBC / UDCPR norm of min 2.5m width & 3m-4.5m maneuvering space - not usable.3. Illegal Agreement Clause: 9 sqm clause cannot override sanctioned plan & statutory norms u/s 11 RERA.Remedy:File Complaint u/s 31 RERA before MahaRERA seeking restoration as per sanctioned plan + refund with interest. Also complaint to Municipal Authority for deviation.*In short:* The additional 3 parkings are illegal and 7ft parking is deficient. You have a strong case in RERA.

Q: Is an unregistered gift deed valid in India, and can it be canceled if it is considered valid? What

Mr. A executed an unregistered gift deed in 2016, gifting immovable property in Mumbai to his son. The gift deed has not been registered, and the premises have not been transferred to date. Is the unregistered gift deed valid? Can the gift deed now be canceled, and if so, how? Additionally, what is the Supreme Court judgment regarding the validity of an unregistered gift deed in India?

Advocate Abhay Rajesh Gupta answered
1. An unregistered gift deed is not valid from the point of law .2. Every immovable property is mandatorily registered if such property value is above Rs.100 or above Rs.1000 .3. You can cancel the unregistered gift deed for filing Suit for Cancellation of Unregistered Gift Deed in Civil Court Even if it is Valid . 4. The Registration Act 1908 is not applicable if gift deed is not registered and there is no value in the eyes of law .

Q: How to file a contempt of court petition, and how to file contempt of court without a lawyer?

I would like to draft a letter stating that the opposite side is misleading and delaying for years in providing the original documents as per the Andheri court order, which is also contempt of the court order. Please guide and suggest how to file contempt of court and how to file contempt of court without a lawyer. I am not challenging the maintenance order. Religion: Hindu.

Advocate Abhay Rajesh Gupta answered
1. Firstly , The Contempt Petition file under as - The memorandum of Contempt Petition is filed Under Section 11 and Section 12 of the Contempts Of Court .2. Secondly , Checkedout the jurisdiction of court which the cause of action where arose ? When arose ? Why arose ? How arose ? & then file the Contempt Petition .3. I think you satisfied with the answer , Please rating me on lawrato for increasing my rating star .4. Thanking you in Advance .