Advocate Bharat Bhushan Paul

Questions Answered by Advocate Bharat Bhushan Paul

Q: compensation ex-gratia amount not given

Dear Sir, Bank of India (Barabanki ) Arms Guard Componsation/Ex-Gratia Ammount Not Given to his family, case Date-15-12-2013. Sir mai aur mere family me meri 3 beti aur 1 beta hai... Mere husband bank of india me Arms Guard ki post par 1998 se tainaat the...Jinka 15-12-2013 ko service k dauran dehant ho gaya hai..Bank aur Reginal Office ki taraf se ye kaha gaya hai ki apko army ki family pension aur bank ki family pension mil rahi hai, jo ki Late Shivakant Tiwari ki salary se above hai isliye apko na hi Componsation apointment diya jayega aur na hi Ex-Gratia Ammount diya ja sakta hai..Sir is condition me mai kya kar sakti kriya kuch suggest kijiye.. Apki bahut kripa hogi..

Advocate Bharat Bhushan Paul answered
The employee get died during the working hours whether he will be the pension holder or not he will definately get the compensation as he died during working hours so you can file a case in the high court by making bank as a party and challenging there rules and regulation to give compensation to your family all you need to do is file a case in the high court and hope for the best and you will definately get the compemsation

Q: Builder not refunding money what to do

I have booked flat in gr noida ext .Builder in BBA confirmed that it will be delivered in June 2016. But failed. Earlier we filed case in consumer court again We filed case in rera lucknow U P for refund. Rera is pressing hard to wait till Dec 2018 and go for purchase of flat. Kindly advice. Finial hearing is on 23rd July.

Advocate Bharat Bhushan Paul answered
You can approach to the high court for the refund of the amount with interest and loss suffered by you as the promised date was 2016 and you have'nt get possession till now all you need to is you have to provide the agreement between you and builder and the receipts of payment given by you and the site plan so you can approach to high court which will be more helpfull for you.

Q: Can criminal case be quashed on the basis of video and audio proof

I want to quash 498a FIR against me I have her written affidavit where she admitted mistake n told these all were fake allegation and in future she will not put any allegation, audio video proofs of her cruelty n she admitted u did not demand dowery Apart from that I have proofs which tells clearly that her allegations are false?

Advocate Bharat Bhushan Paul answered
Yes we can take that fact in the case and your proceedings will be quashed by the high court and we can file that affidavit which will help you in the case and you have to approach to the high court with some compotent lawyer so that he can plead all your facts in a positive way as womens get prioritys in these cases but your case under 498a will be quashed and we can take several more facts to get this decided

Q: Property damage by neighbors what to do

SIR my house was build 15 year back then a wall of 14 inch was constructed between my plot and my relative plot now my relative sold his plot ,the sharing of wall according to property paper is 10 inch to me and 4 inches to seller then the seller constructed a three floor building on that wall without separating it due to which my whole wall is damaged and there are deep cracks on my roof due to excess pressure on my wall now I want to know what legal action I can take against my neibour ,cost of repairing the wall is 50000-60000 Indian rupee.

Advocate Bharat Bhushan Paul answered
You can file a suit in the district court or you can sue the party for spoiling of your property by which you have right to claim all your loss by challenging the deed and you can serve him a legal notice to demolish the wall and give the loss of damages else he will have to suffer the legal proceedings

Q: my retirement fund cant be issued by department due to a case

main UP POLICE m SI ki post se sep 2016 m retire hua hu. mere par ek police case chal rha h bribe lene wala....jiski wajah se mera sara fund ruka hua h. mujhe paise ki need h pr sab ye khte h bina case final huye fund withdraw nhi hoga. m kya kru...??? koi rule ya clause h jisse m funds phle nikal pau....???

Advocate Bharat Bhushan Paul answered
As a public servant you have an right to get your retirement benefits but due to some case on your service you can file a writ under 226 in high court for your fund and there is Supreme court order whill will help you directly to get your benefit but you have file a writ in high court.