Advocate Abhishek Harjika

Questions Answered by Advocate Abhishek Harjika

Q: Fraud by a friend how can i recover my amount

I have been cheated, by one of my old friend, and fraudently he took money stating that he will provide a business through a consultant. I have all email communication and statement of bank where the amount has been transferred to his bank account. I have also the proof of the person identification. But he is from dhanbad. Need help to get my money recovered from him, tow of my other's friends are also victim of this incident as a trust which they had on me. 

Advocate Abhishek Harjika answered
Sir You immediatly has to file complaint/FIR.And also civil suit for recovery.As you have not stated the when you have paid to your friend.Kindly get togerther, it will make your case a strenth.

Q: Client Refusing to pay money what action can I take

We are a social media agency based out of New Delhi. We started working for a client which is a restaurant last April. The client told us in December that they do not want to continue. The client owes us 2,00,000 and is refusing to take calls. Numerous reminders have been sent but no response. We have the signed copy of the contract and all the reminder were sent through sms and emails. What can we do?

Advocate Abhishek Harjika answered
Need not to worryGive him a legal Notice immediately and show your deliberates to fulfill the contract from your side and call him to do the same on their part.If things won't work, file a civil suit for recovery of money and compansation for damages..

Q: Husband harassed mentally and financially what are my rights

Helo sir ,mere shadhi 7 years back hue ,mere husband mainu after marriage mentally,finiacilly harassh kr raha hai,tell ,i have a baby boy of 6 years,wo humare koi bhi zarurt pure nahi kr pata ,na ghr na roti n.sugested me what to do,m apne bete ko apne sth rakhna chahte ,

Advocate Abhishek Harjika answered
Immediately seeks maintenance under section 125 CR.P.C from your husband through Court.If he would not pay then he be put behind bars.You can claim maintenance for your self as well as for your kid.

Q: Local commissioner appointed by court but no improvement in process

We have got judgement on the partition case 1.5 yrs back and a commissioner was nominated by court 8 months back to measure the land and make partition and to submit the report to court as per judgement. But no improvement in this process is happening and i am 70 yrs old now.Please suggest a way to speed up the process and how long will it take to get the property for our enjoyment.

Advocate Abhishek Harjika answered
Again move an application before the court that you want to replace/change the commissioner as reason stated in the application.It would be preferential if all parties to the suit/case give their approval to your application for the change of commissioner.I think if all parties to the suit give their approval court may at the same time allow your application.I would also like to add that, Even if court would not allow your application as reasons stated by you on merits. You can also seek a relief that investigation by the commissioner would be time bound.I think that will surely solve your problem.

Q: How can I recover money from a friend

Sir, one month back i had given loan of rs 2 lakh cash to my friend for personal purpose. He was supposed to give it back within 15 days. I have only a ordinary receipt of the money given, but no agreement as such he is now refusing to pay back giving some nonsense reason. Can u suggest what legal action can i take? Is police action possible?

Advocate Abhishek Harjika answered
Yes , you have a good case with you.You can give notice to your friend.Then file a case of recovery in civil court before civil judge for Rs. 2 lac. And can also file a complaint with police of doing cheating by your friend.And if police won't help you then take DD Number on your complaint.And then file a complaint under section 200 cr.p.c. As well application of 156(3) before MM Court to convert your compliant in to FIR.I think that will work.