Advocate Aman Mishra

Questions Answered by Advocate Aman Mishra

Q: What to do my salary cheque bounced twice

Good Evening . My Salary Cheque (35K) is bounced twice. So What are the options available for me to get the money . and What are The Charges for court case.

Advocate Aman Mishra answered
You have to send a legal notice through lawyer to the company who has issued the cheque and give them 30 days time. After which you have to file a case. There is not fixed fee for the same it depends on the lawyer whom you have engaged.

Q: Can consumer file complaint in national commission for public interest

Sir, please confirm whether anyone can file a consumer dispute to the NCDRC for the sake of public interest, though he is not a customer to the respondents if it largely affects the public in large? If it is an unfair trade practice can't anyone approach the apex consumer in a representative capacity even though someone is not a customer to the opposite parties?

Advocate Aman Mishra answered
For public interest a pil can be filed either in high court or supreme court. In national consumer court you can only file a case if you are a consumer.if you are not under the definition of consumer you cannot file a case. And in national consumer forum pil cannot be filed as per law.

Q: Legal action against physical abuse by husband on wife & child

My father mentally tortures me & my mother by many means. Also,he raises his hands on her & had started the same on me too from a while.he don't allow any of us to go to pay a visit to maternal family (v.v.v.rarely he allows like-1:10) I'm gonna be 18in SEP.27 and I'm the eldest child & had given 12 board exams as per the 2017-18 session.im financially dependent on my family but willing to work for a living .im emotionally bounded bcz he is my FATHER. . Please help me with the same.

Advocate Aman Mishra answered
you can file a complaint against them either by going to police station or by giving a call on 100 number. Then you can narrate everything to the police official and police will give them a warning that if they hit you again then police will put them behind the bars. then in this way you can stay with them and financially they will have to take care of you and they will be afraid before raising hand on you.

Q: Non restoration of cancelled plot by GNIDA even after fullpayment

I was alloted a plot which was cancelled due to non payment by GNIDA Late on they agreed to restore it on full payment with interest & sent letter dated 3 March1995 to deposit amount with interestby 10th Whearas I received letter on 10th & deposited by 16th 95% of cost of plot is already paid They didn't responded but accepted payment Procedure allows charging of interest for delayed period Matter is subjudice & lost in 2 nd appeal in high court What are the chances & options Already suffered huge losses

Advocate Aman Mishra answered
Your query can best be answered after seeing all the documents. But as you said they agreed and then only you made the balance payment then you might be having a letter for the same. And also after they gave consent then you made all the payments on time.

Q: Compensation entitlement in executed MOU after the builder approval

I have entered an MoU on 30th September 2017 between Two builder for transfer of invested/paid money from one builder account to another builder account with clearly mention about the compensation & the same was notarized on 10th October. But my invested money transferred from one builder to another builder account without any compensation. I talked to my first builder for not receive compensation amount in another builder account, they told me that compensation approval from uppar management is dated 4th October 2017 so you are not eligible for compensation even if the MOU is notarized i.e 10th October beyond the approval date. May I know that if I am eligible for compensation or not as per the MOU. which date in MOU is valid ie Execution date or notarisation date for making me eligible for compensation.

Advocate Aman Mishra answered
Hi, your query is not clear please mention the details like compensation of what and if possible if you can share the copy of MOU then it will be much better to advice after reading it. What I have understood is is you invested some money in a property but didn't get that property then you purchased another property and your entered into MOU with the previous builder where you invested that money should be transferred to the seller of new property which you want to buy along with interest on your money. And the previous builder has only transferred the principal amount without interest is it correct?