Advocate C Deepak

Questions Answered by Advocate C Deepak

Q: Procedure in case want Dysfunctional wrist watch exchanged.

I bought a timex wrist watch for rs .3400in May,2016.Within 10 months it was repaired 4 times by its dealer.Finally it was replaced by by a titanwatch for Rs.2995.Within 4 months the gold plating faded away.The watch lost its glitter and lustre.The gold bracelet is in good condition.I wrote to the dealer and the company ,but in vain .

Advocate C Deepak answered
you can file a case before the consumer forum. verifying the warranty period will be advantageous. you can file the case within 2 years from the deficiency of service. get the original bill and replacement receipt too.

Q: Is it legal to make people work on Sundays without overtime payment?

I'm a teacher in a residential school Chennai. They making us to work on Sunday without any extra payment or off. Is it against Human Rights.?

Advocate C Deepak answered
labour law specifies states the working hours and days. you are entitled to a take a off during a week. it may be sunday or anyother day. It is a violation of a statute and illegal on the part of school managment

Q: Deduction of educational loan EMI from pension how to take action

I had availed education loan with my son and while retiring, after having recovered overdue portion,bank took a letter from me stating that ,the balance amount would be paid later . after retirement, as my son could not get proper employmenet and as he could not repay balance instalments ,bank started to recover installment amount from my pension though i had not agreed for parting with livelihood pension. actually, the loan documents were not revived, and by above latter dated may 2013,can the document be revived . pension duction started in may 2015. first borrower has no means to pay. is bank in order in deducting from my only livelihoods source. can i seek remedy in ombudsman act or approach high court by writ/ is the case maintainable.? What shall I do?

 

Advocate C Deepak answered
Bank cannot attach pension or gratutity for recovery money but there are other means like filing a civil suit for recovery of money or other ways to recover money from you but the bank cannot recover from pension, as a gurantor you are joint and severally liable to pay the loan but loan cannot be recovered from Pension

Q: Court declared the will valid but uncle not letting us enter the house

Judgement came from lower court thanjavur that will execute by grandma is valid but as we are the legalirs out side of the house not able to enter since my uncle son who is in the possession not allowed us, request and compliant made in the local police station please guide as per law we have to take the possession

Advocate C Deepak answered
File a Execution Petition before the same Court. If you have filed a injunction suit, he cannot evict you or if you have filed a suit for declaration then you can very well execute the order passed by the lower court.

Q: I met with an accident and bike did not have insurance, please advise.

I hav met wit a accident before 6months. Out of 3 im only the survivor of the crash. My bike was not insured. What will be the consequences? Will this case results in loss of money for me?

Advocate C Deepak answered
your question is not clear. did three persons travelled in a bike? did you hit on someone or someone hit you? if you are victim and if you travelled in a bike and if you do have insurance is not a problem. if you are the cause of the accident and if u dont have the insurance then your are liable to pay the victims