Advocate Chhaya Kirti

Questions Answered by Advocate Chhaya Kirti

Q: Challan for over speeding received - can court grant bail

My car was impounded and challan against the driver (my son) under 184 for dangerous driving. Speed being 101 when permisible is 50. He is over 18 but doesnt have a DL yet. I have a court date. What are the chances? If imprisonment of few days can bail be applied?

Advocate Chhaya Kirti answered
bail may be applied only on the ground that you are not a regular offender and also no probability that you would commit the same offence again. you must satisfy the court that you would not be threat to society if released on bail.

Q: Company not returning mobile which was given for repair

SIR I HAD GIVEN A MOBILE PHONE FOR REPAIRING TO ELECTRONICSEWA.COM AND THEY CALLED ME AND I TOLD THEM THE ISSUE AND THEN THEY TOLD ME THAT THERE I A PROBLEM IN A CHARGING JACK AFTER HEARING MY ISSUE.I ASKED FOR THE TOTAL COST OF REPAIR THEY TOLD ME THAT THEY WILL CHARGE 800 RS( INCLUDING 200 AS A SERVICE CHARGE) FOR THAT AND ALSO GIVE ME 6 MONTHS WARRANTY.AFTER 3 DAYS I GOT MY MOBILE PHONE REPAIRED AND THEN I WENT TO OUTSIDE DELHI BECAUSE I HAVE AFTER 12TH BOARDS HOLIDAYS BUT WITHIN 1 DAY IT AGAIN HAD THE SAME PROBLEM.SO AFTER COMING BACK TO DELHI IN A MONTH OR TWO. I AGAIN CALLED THEM AND TELL TOLD ABOUT THE PROBLEM WHICH IS OCCURING AGAIN THEY TOLD ME THAT THEY WILL CHARGE A SUM OF RS 300 FOR AGAIN REPAIR THAT..I HAD GIVEN THE AMOUNT AND TELL THEM TO REPAIR THAT ONE. NOW THEY ARE SAYING THEY ARE NOT ABLE TO REPAIR THAT ONE.I ASKED THEM FOR MONEY REFUND BECUSE ITS IN A 6 MONTH WARRANTY THEY ARE TELLING THAT THEY WILL NOT REFUND THAT AMOUNT.

Advocate Chhaya Kirti answered
first of all, send them a legal notice through advocate claiming your refund or an option for settlement. if no response is given upon the legal notice then you may proceed to file a consumer complaint before district consumer forum within the jurisdiction where the shop is situated.

Q: Domestic violence by in laws and husband what can i do

I got married in 10th Mar'15. My husband and his family members continuously toucher me for dowry as m frm middle class family. Now i am 9 months pregnant and my husband send me divorce notice. I do not want divorce as there is no one to look after me and my new born baby. Plz advise wat can i do..as he is putting false obligations on me and asking divorce.

Advocate Chhaya Kirti answered
decree of divorce can only be granted if the ground on which divorce sought by your husband is established. you file a reply to the divorce petition denying the allegations made agaibst you and try a mediation sitting which always help in such situations. also be careful about your rights of maintenance, and your child's living and maintenance.

Q: What should i do if builder is saying they wont go ahead with project

I paid amount as Expression of Interest in a future residential project of Jaypee. No agreement, no letter of allotment. But now they are telling me they wont go ahead with the Project. Can i file case in consumer court or will i file in civil court as no allotment or anything? pls help

Advocate Chhaya Kirti answered
you may file consumer case if you are able to show any recieving of money with intention of developing a project. in other case, you may file a civil suit for rcovery of money in the place where transaction had taken place.

Q: WS can be taken up on record even after 90 days is it legal

Recent Supreme court judgement dated 4.12.2015 Civil appeal No- 10941-10942 of 2013,New India Assurance Co Ltd Vs Hilli Multipurpose cold storage pvt ltd that Written statement(WS) must be filed within 90 days are mandatory not directory. I filed divorce case on cruelty and adultery on Aug 2014,spent 10 days together. 1.Can I move for contempt of supreme court order if lower court will take on record my wife written statement that she filed after 185 days without seeking any extension from court that too when I moved application under order 8 rule 10 to decree my divorce case .If yes, then which court –high court or supreme court? 2.If I cannt file contempt then what should be other legal remedies? If,I challenge lower court order in high court then what will be the probability that high court decide the case in my favour in viewing of recent supreme court judgment on order 8 rule 1. 3.If above both things are not viable then what should be my next move in terms of legalities.

Advocate Chhaya Kirti answered
this is a judicial order and passed in violation or ignorance of a settled law by supreme court which arw binding in nature. in this case, best remedy is to challenge the said order before high court. in most circumstance, high court would look into merita of the case.