Advocate Ankush Mahajan

Questions Answered by Advocate Ankush Mahajan

Q: Against improper insurance billing

Hello I recently got cataract surgery for my mother done in delhi. The company sent an initial amount to the insurance company without mentioning the cost of lens. Insurance company approved the full cost. Now after the surgery , the the hospital send the bill again and insurance company found the lens bill too high and didn't pay the full amount. I have to pay a lot of money because of this. So i want to seek help as I think I have been cheated.

Advocate Ankush Mahajan answered
First and foremost you must lodge your grievance against the insurance company and highlight to them that why you are still eligible for the payment of the lens bill.if the insurance company still did not release the withheld amount for lens bills, then you have option either to approach the respective consumer forum or insurance ombudsman. The selection of the above mentioned to forums will depend upon the facts of the case as well as the amount withheld by the insurance company. Filing a criminal complaint may not be of much use to you. you may pursue your remedy against the insurance company before the consumer forum or the insurance Ombudsman.

Q: Can promise to marry be alleged that it happened on phone without meet

Can promise to marry be alleged that it happened on phone without meeting. That also the lady is 37 year old and doctorate from premier institute. She says promise to marry on phone without evidence.

Advocate Ankush Mahajan answered
Hi, This question is incomplete in itself as you have picked up only one line of the lady, where she alleged that a promise to marry was made to her over a phone. One must require other contextual facts to legally answer your question. If there existed a relation between the boy/girl, timelines of such relation and rights of the boy/girl in such relation will be considered by the court before considering evidence related to a disputed fact. For example, if boy/girl are meeting regularly and are in physical contact with each other, it becomes immaterial that girl was promised to marry only on phone. The girl can easily change her pleadings where she can allege that the promise to marry was made during a physical/virtual meeting. Note: The answer to the question should not be considered as rendering of a legal advice.

Q: Suicide Threat by student to the teacher against his misconduct

one student is giving suicide threats if the teacher goes ahead with his complaint of misconduct with her.

Advocate Ankush Mahajan answered
Many times, we have seen that students act out of emotions and if a student takes a wrong step of suicide, many of nearby gets affected. At the same time, being a teacher, I can only presume that you may not wish to proceed against the student as this may harm student career. Few suggestions which people may like to discuss:1. Speak directly with the student and write to the student over the email too.2. Speak with the parents and write them over email/physical letter too.3. Write and Speak to the Director/principal4. Lodge a complaint to the Police.Depending on the requirement you can change the chronology of aforementioned actions to be taken.One important consideration is that one must document all such communication as timing is an essence in any legal matter.The answer to this question is not to be considered as a legal advice.

Q: Neighbor fight with my tenant and hit him last week. Please provide

My neighbors always fight with my tenants and last week they have beaten him. Broken DVR and tried to enter in my house. Looks like they want to seize my house. They have good approach in police and power. What should I do.

Advocate Ankush Mahajan answered
Time is an essence in criminal proceedings. In your question, you have raised two causes based on which you must raise the complaint to the Police. 1. Beating your tenents: you tenents must file a police complaint and provide details of any hurt or injury caused furing this fight.2. Regarding seizing of your house: it is a serious allegation and more details would be required to answer your question.The answer to this question should not be treated as a legal advice on the issue involved in the question.

Q: The case is on my father brother and his wife they gave guarantee

They gave guarantee to the bank and the loan is on the friend of them . The loan taken by the friend has no paid and he makes f.I.r on my uncle and his wife and my father . My father gets out of the police station and uncle gets jailed after 7 months he get bail . My uncle go to every date of court and pay money to his lawyer but he didn’t tell about my father and uncles wife also have to go in court . Now after 10 year police came and arrest both of them and declared P.o to them proclaimed offender it is a non bailable offence they can’t get bail after applying . What should wedo my father and uncle wife didn’t do any crime in their life and their name is only written because of the relation with the uncle . My uncle is moving freely and finding solution . What should we do now

Advocate Ankush Mahajan answered
First of all, you need to provide the complete details along with the Copy of FIR, Chargesheet related documents and any other documents where your father had signed as Gauarantors.Non bailable offence does not mean that bail will not be granted. After analysis of the facts and circumstances of the case, if the accused person approaches to the court for bail, the appropriate court can grant the bail to the accused.