Advocate Aditya Gupta

Questions Answered by Advocate Aditya Gupta

Q: Complaint against Carpentry in Residential Area creating noise problem

I live in a colony in Uttam Nagar, Delhi. Next to my house a person has set up a carpentry factory in his house. It has been 2-3 yrs., and the locality is subject to constant noise pollution due to hammering, wielding, chopping etc. moreover, he uses a specific kind of spray to paint the furniture which makes it difficult and hazardous to breathe. what are the legal options avalable?

Advocate Aditya Gupta answered
Sir, as per you post the activity seems to be causing a lot of noise an air pollution and disturbance to you and the nearby locals and it also appears that the factory is running in an unauthorised manner without taking the appropriate consents. The appropriate forum to obtain relief against such activities i.e. causing noise and air pollution, is the Hon'ble National Green Tribunal. There are a lot of cases wherein the Hon'ble NGT has exercised jurisdiction and has given appropriate relief to the public at large. However, the case needs to be examined properly and for the same documents need to be perused.

Q: Jurisdiction of consumer forum and effect on property after filing

Sir, I have availed a home loan of Rs 20 lac from P&SB bank. On scrutiny of the statements, since the date of loan availed, it has revealed that bank applied many charges contrary to loan agreement & added to the principal loan amount. As per loan sanction letter interest was 11% (floating) for 240 installments @ 20,700/-.As of now my principal balance is not as per the EMI chart calculator. It is found that at the starting itself bank has increased the rate of interest from 11 to 11.75 and EMI has gone upto 22,800/-. Bank never informed me this fact for the last six years and dishonestly placing the cheques of 20, 700/- (which was decided for 20 lacs @ 11% for 240 installements). Now they gave me a call and asks that to submit the overdues approx 84,000/- or to pay 10K to switch over MCLR. Can I file a consumer case?. Whether it will have any adverse effect on the property (like property involves in a case etc.. etc as we speak normally)?

Advocate Aditya Gupta answered
A consumer case can be filed for the alleged deficiency in services on part of the bank. A brief reading of your query suggests that the bank has been deficient in providing the services, as they have unilaterally changed the interest rate and have not informed you of the change and therefore a consumer case is maintainable. However, the terms and conditions of the loan agreement and other relevant factors have to be perused to make your case succeed and provide a proper opinion. Another option for getting your grievances against the bank redressed can be by approaching the Banking Ombudsman in your jurisdiction by making a reference. Approaching the banking ombudsman is more cost and time efficient and may not be a bar for you from filing a consumer case at a later stage. The Banking Ombudsman encourages the banks to resolve the disputes and settle the the matter amicably and in case there is no settlement, the ombudsman may also pass directions, as per law, against the bank if there is any misrepresentation or fault on their part.If you chose to approach the consumer court and suspect any adverse effect on your property, the same can be prevented by seeking an interim protection of your property. By moving an appropriate application before the Consumer Forum at any stage of the proceeding, you can seek for an appropriate protection of your property and if there is some irreparable injury being caused to you then, by the order of the Consumer Forum, the same can be prevented,

Q: Restaurant charged more than the MRP

I was in a restaurant and I ordered a water bottle, which was of Rs.20. But they charged me Rs.38. And after raising objection they refused and said these are the rates. I have the receipt where they charged Rs. 30 for bottle and Rs. 8 for other taxes. What legal action can I take ?

Advocate Aditya Gupta answered
You can proceed to file a case against the restaurant and seek compensation from the district consumer forums. Recently in a case compensation of 20,000 has been awarded by one of the district forums so that can also be used to support your claim

Q: Insurance company denied my claim for lost phone what to do now

Somebody has snatched my mobile (Samsung S6 Edge ) on 7-9-2016 nearest time is 3.30 PM at Adarsh Nagar, Delhi and had lodged a complaint in nearest police station. Police has registered a complaint in NCR vide S.O No. 430/2014, LR no. 853751/2016 dated 7-09-2016, time of report was 18.36 IST. We have informed the insurance company on the same date at 19.25 IST . They have issued the claim reference number is 2000063732. They were not responding over the phone after pursuing with them. Then, I have to visit branch office at Shivaji Marg, Delhi. After lot of pressure, they told me to registered the FIR. Then, very next day , I visited the police station , but they asked me to registered the complaint through E -police Station vide FIR no. NWD-AN-000322 Dated 10-9-2016. Thereafter , I had sent complete documents as required by the insurance company by courier. Now, the insurance company refuse to pay my claim. Many times, I have called them, but not interested to properly. What action can i take against them?

Advocate Aditya Gupta answered
Sir first of all please see if the policy of the phone taken by you entailed that the insurance taken by you covered the loss die to theft. If the policy covers theft and loss of phone then the same ought not to be repudiated on depositing of the required documents and completing the formalities. The grounds for repudiation have to be considered and if the same are arbitrary then a complaint under the consumer protection act can be filed against the insurance company which can help you get relief in a speedy manner

Q: Mental harassment by car dealer, Please suggest suitable step.

I purchased a car from authorized car dealer in December 2016. We have signed all the papers in which we have a warranty covering all the manufacturing defects. Car has been troubling us since the beginning. Although they are repairing it but we are being mentally harassed. Please advise what step should we take ?

Advocate Aditya Gupta answered
Kindly proceed with filing a case with the consumer forum at the earliest with the details of the defects as the same is cost efficient and also saves time as compared to a civil court Kindly note that if a manufacturing defect is apparent then you need to implead the manufacturer of the car also and make your case accordingly I have been handling cases of these kinds for major car manufacturers in all consumer forums in Delhi and have a lot of experience through which I have learnt that if you are going for replacement of the car then be sure to move an application for expert report on the defects otherwise there are clear case laws which state that the replacement would not be allowed If it is a matter of mere service then the manufacture need not be impleaded and the case can be filed only against the service centre or dealer of The car