Advocate Akash Vajpai

Questions Answered by Advocate Akash Vajpai

Q: Can the magistrate order 156(3) investigation when private complaint.

If a private citizen goes to a magistrate for the complaint of a cognizable offense and not register an FIR, \n\nCan the magistrate either 156(3) investigation or take cognizance directly and proceed with 200?

Advocate Akash Vajpai answered
Yes. If the police authority refused to register FIR after cognizable offence then any one can move to magistrate for the registration of FIR. If the court refuses to pass an order for registration of FIR then the court can move ahead under section 200

Q: Illegal construction on terrace of 3rd floor DDA flats

How can take stay for illegal construction on 3rd Floor terrace of DDA flats

Advocate Akash Vajpai answered
File a complaint against illegal construction to the MCD and DDA and both the Public authorities do not take any action then you can file a Writ Petition against illegal construction. High court will pass the order then

Q: Extension work done in DDA flat without DDA approval 20 years back.

In a DDA flat,some extensions were done without MCD approval 20 years back & enhanced property taxes are being paid accordingly .\nCan DDA now send demolition notice & demolition the building ?\nSir your legal opinion for remedies.\nRegards

Advocate Akash Vajpai answered
Yes, DDA can send legal notice and can also demolish the property. If extension is illegal then it will always be illegal. It does not matter whether taxes are being paid or not. Paying taxes will not make it legal

Q: Fraud commited by known person.

I have been scammed by a known person. He lied to me about doing some business with him and I without doing any due diligence gave him about 55-60 lakh rupees. Later i found out there was no such business and he took all that money and probably lost it. The only proof i have is my bank statement because i have done all those transactions from my account to his. Please guide me. What are my options here to recover my money?

Advocate Akash Vajpai answered
Hi, You can file suit for the recovery of your money. This is the best legal remedy. Bank statement is enough to show that you have made the payment and then obligation will be on Other party to show that he took money for discharge of any debt

Q: Illegal Construction at Terrace done by top floor owner and let out

Illegal Construction at Terrace done by top floor owner and let out. remedy?

Advocate Akash Vajpai answered
Hi, you can file a complaint before the municipal corporation or local development authority and if Municipal corporation or local development authority does not take any action the You can approach High court under article 226 of constitution of India