Advocate Benjamin Sishu

Questions Answered by Advocate Benjamin Sishu (25+ answers)

Q: Can a FIR be quashed if following condition follows.please give sugg.

a victim filed a false case age 14 year. but accused get anticipatry bail because victim father said (affdivit)FIR was filed because of misunderstanding. so now my quwstion is is the FIR can be quasheed now . pocso 8,10,12 is imposed and victim is now saying nothinh was happened to her. please give your valuable suggestion because it is menatlly disturbing me .

Advocate Benjamin Sishu answered
In my opinion, the accused may approach the Hon’ble Orissa High Court under Section 528 of the BNSS, 2023, seeking quashing of the FIR and consequential proceedings. However, quashing is not automatic merely because the victim now denies the allegations or her father has filed an affidavit stating that the FIR arose from a misunderstanding.Since the victim was reportedly 14 years old, the applicability of the POCSO Act must be examined in light of the specific allegations. POCSO offences cannot ordinarily be settled privately, and the father’s affidavit alone cannot terminate the prosecution.The High Court may examine the FIR, investigation materials, statements of the victim, and surrounding circumstances to determine whether the case falls within the recognised grounds for quashing.My advice Obtain the FIR, anticipatory bail order, relevant statements and investigation records before deciding the next legal step. The merits of a quashing petition must be assessed carefully. No pressure should be placed on the victim to change her statement.

Q: deficiency in service and unfair trade practises by samsung

i have purchased a samsung s21 fe on 30 sept 2022 but on oct 9 2022 it got a green line on its display after visiting service centre they replaced it free of cost bcoz of samsung internal 3year policy but again on 22nd aug 2026 same green line appeared and now samsung is refusing to repair free of cost and telling me electronic components are prone to failure . i register a complaint on nch portal but now company remark was it would be done in chargeable basis .i have 2 more job sheet of my frnd

Advocate Benjamin Sishu answered
I have gone through the facts you shared. Since the same green-line issue had occurred earlier and Samsung replaced the display free of cost, the previous service record is important evidence. The present refusal by Samsung to provide a free replacement can be challenged, particularly if the earlier replacement display has developed the same defect.Please keep the original purchase invoice, the 2022 service/job sheet, the present job sheet, photographs/videos of the green line, NCH complaint and Samsung’s response. The two additional job sheets of your friend may also be useful as supporting evidence showing similar issues in the same model, although they will need to be examined separately.I suggest that we first send a formal legal notice to Samsung and the concerned service centre, seeking free replacement/repair and appropriate compensation. If the matter is not resolved, we can consider filing a complaint before the appropriate Consumer Commission.

Q: Found a cockroach in my curry

I want to sue the restaurant How to Sue

Advocate Benjamin Sishu answered
Sure. I can guide you regarding the appropriate legal action against the restaurant.Please share:What exactly happened with the restaurant?Date and place of the incident.What loss, injury, or inconvenience you suffered.Whether you have any bills, photographs, videos, CCTV footage, messages, receipts, or other evidence.Whether you have already complained to the restaurant or any authority, and what response you received.The name and address of the restaurant.After reviewing these details, I can advise you whether the matter is appropriate for a consumer complaint, civil action, police complaint, or any other legal remedy, and explain the procedure and likely costs.

Q: Exemption of Court Fee in Commercial Suit

How court fee can be exempted in a Commercial Recovery Suit if the Petitioner is a Male

Advocate Benjamin Sishu answered
A male plaintiff cannot claim exemption simply because he is male or financially distressed. But if he genuinely lacks sufficient means to pay the court fee, he can seek permission to institute the commercial recovery suit as an indigent person under Order XXXIII CPC.

Q: High interest loan app k khilaaf kya action lena chahiye

My husband trapped high interest rate loan app Is bright loan app or Bharat loan app RBI registrated They charges 10% processing fee or 1% per day interest rate Plz give me a solution

Advocate Benjamin Sishu answered
Your husband should not panic or take another loan to repay this loan. A charge of 1% interest per day is extremely high, and we need to first verify whether the loan was actually given by an RBI-regulated bank or NBFC. Simply claiming that the loan app is “RBI registered” does not prove that the app itself is authorised.Please keep all loan documents, screenshots, payment records, messages and call details safely. We should check the loan agreement and Key Facts Statement (KFS) to see the actual interest rate, processing fee, penalties and the name of the real lender.If the lender is a genuine RBI-regulated entity, we can raise a written complaint with its grievance officer and challenge any undisclosed or unreasonable charges. If the complaint is not properly resolved, the matter may be taken further through the RBI complaint mechanism.If the app is not authorised, or if recovery agents are threatening, abusing, contacting relatives, misusing personal information or using other unlawful methods, we can consider a cybercrime/police complaint and other appropriate legal remedies.Before taking any legal step, I recommend checking the complete loan agreement, KFS and payment details so that we can identify the actual lender and prepare the strongest possible action.