Advocate Akansha Jain

Questions Answered by Advocate Akansha Jain

Q: As per the flower of holiday sales coordinator confirmation mail to the agreed amount of 19000/- to

As per the flower of holiday sales coordinator confirmation mail to the agreed amount of 19000/- to cover a tour of 3 nights and four days hotel with site seeing of Delhi local, agra & madura places.But they covered only delhi local tour with 3 days hotel booking at delhi. for this they spent 4500/- to hotel booking 2 star ( as per commitment should be three star only), and for two days Delhi local sightseeing you paid 1400*2 days = 2800/-. Total they spent only 7300/- out of my 19000/-.After collecting full payment of 19000/- to THE FLOWOWER OF HOLIDAY company account of yes bank and ujjivan small finance bank, They blackmailed me and forced me to give confirmation mail for the Delhi local tour only, otherwise tour total amount did't refund.So in that situation ( one day before tour ) i have given the written commitment and anyhow we finished the balance tour with our own money.Please suggest me how to get my balance and to ban THE FLOWER OF HOLIDAY .can i file at my own place

Advocate Akansha Jain answered
You can file a legal notice to them including fraud , cheating or recovery of money and if not any reply came from complainant side then file a case of fraud , cheating or recovery of money under section 420,415, 403 of IPC

Q: Dear sir nMy friend doing business & taken some money as friendly loan from me via online bank trans

Dear sir nMy friend doing business & taken some money as friendly loan from me via online bank transfer mode ,and given cheque against that money but no agreement done .i presented cheque and cheque was bounced due to insufficient fund .i have sent 138 notice to his office address ,present address in Delhi and permanent address in badaun up, but office he has closed and run away from there, at present address it comes that addressee left without any instructions, and at permanent address notice was not served due to the reason ki Bahar raheta hai or koi pata nahi hai .But from same address he has sent reply notice to some other person from whom he has also taken more Money and given cheque .I have sent notice on his adhaar card mentioned address& on his permanent address whose electricity bill coming on his father's name .Now I want to file case in 138 ni act .can I file case in this situation where my notice were not served,but notice of one of my known was served on same address

Advocate Akansha Jain answered
Yes you can file a case directly in court under section 138 of NI Act and we will file a application of condone of delay for delaying of notice mentioning the issues regarding the delay of legal notice send to them

Q: Harassing over the email for 6 months!

Hello. I need legal help. An Indian man is harassing my sister via email for six months now. Nothing helps. It’s disgusting and illegal. I’d like to help her to stop it.

Advocate Akansha Jain answered
You should file a complaint in cyber crime cell regarding this issue and if any action didn’t taken by the police officials then you should file application under section 156 in the court of your jurisdiction in which judicial magistrate gave directions to the police officials to investigate the matter

Q: Non payment of Personal Loan EMI

I am writing regarding the loan account that I have with HDFC bank. I had taken a loan of 285000 in 2022 Feb and I had been paying the EMIs regularly. However, due to some unforeseen circumstances, I have been unable to keep up with the payments in the last few months.During the online application process, HDFC bank had asked me to sign a document for loan security in case of job loss with an additional amount. However, when I checked the document later, there was no mention of any such additional amount for loan security. After a few months, I lost my job due to the ongoing pandemic and the worsening health condition, like a back pain issue, which made it difficult for me to move around. I immediately contacted HDFC bank to inquire about the insurance policy for loan security, but despite multiple attempts, I was unable to get in touch with anyone from the bank.I am now in a dire situation as I have received a legal notice under section 25 of the Payment and settlement act 2007.

Advocate Akansha Jain answered
You should file a reply of a legal notice through an advocate which includes fraud done by HdFC bank regarding not aware about the whole terms and condition about loan policy and harassment done by bank regarding repayment of loan and neglecting your situation

Q: Refund issue from PW app for course change to a lower value course

I have purchased a course from PW app of amount 5849 Rs. Later I requested them to change my course to some other course of low value (Rs. 1999) or to a course of equal value (Rs. 5849) by mailing to their support team specifically mentioning about refund of balance amount, if any.In the night, I received a mail where the said that they changed the course without mentioning about any refund. A minute later, they again mailed saying that no further course change is allowed as one course change has already been done. This is their well calculated move of digesting my balance amount of Rs. 3849. I need legal help to get my money back along with a compensation for harassment. Its more than 7 days and I have not received any response from them.

Advocate Akansha Jain answered
You can file a notice for recovery of money and harassment and then when their is no rply came for client then you can a file a case of criminal breach of trust or harassment and recovery of Money under section 354A , section 406 , order 37 of ipc