Advocate Daniel George

Questions Answered by Advocate Daniel George

Q: I'm getting calls from unknown numbers saying from Delhiconsumercourt

I took Hathway connection in 2015 and after some months of usage asked for disconnection for which I paid complete bill. Later I asked disconnection as I got job in some other location and informed the same to them. They disconnected the net connection but didn't take their modem and sending me the bill even after repeatedly saying I disconnected the net. Now I'm getting calls from Delhi saying that they are from consumer court and Hathway company filed case against me.1) Advice me the options which I have now to face the situation.2) am I responsible, if their employees didn't respond and work properly?3) can I transfer the case to Hyderabad consumer court if really such case was filed?

Advocate Daniel George answered
At the outset, there is no procedure in law, where the Consumer Forums at Delhi or elsewhere throughout the territory of India call you stating that a case is filed against you. What usually happens is that when a case is filed, depending on the merits of the matter, the concerned court/tribunal issues notice/summons to the opposite party, which is a paper document which is sent to the concerned person's address. In the said summons, date of hearing, matter details and other important case-related information would be spelt out. Absent such a summons, no one will physically contact you on the phone-line from consumer court to talk to you. In my opinion, someone is trying to create a pressure-tactic on you and playing mischief on you. Your options right now is that you can file a consumer case at Hyderabad against Hathaway, clearly setting out the factual matrix of the matter, and claiming compensation + damages for mental harassment. It is advisable for you to approach a lawyer/advocate who can take up the mandate on your behalf. I would also like to add that Hathway, as a company is not a consumer, in that it does not fall under any of the provisions of "consumer" as covered under the Consumer Protection Act, 1986. Assuming for the sake of argument, that if indeed Hathaway has filed such a case, then please ask the concerned persons who call you to provide you with a copy of the consumer complaint, along with details of court, like which consumer court the matter is filed, what was the date of listing and what is the next date of hearing, copy of Consumer Court Order Sheet specifically calling you to the court, etc. Coming to your specific queries, (1) You can yourself file a consumer case before the jurisdictional consumer court at Hyderabad. (2) you can claim compensation for harassment, mental agony and other similar grounds for the ineptitude of the Hathway personnel (3) If a case in indeed filed in Delhi, then kindly ask for case details and thereafter, take appropriate legal opinion as to steps necessary for transferring such a matter. Hope the above solves your query.

Q: Insurance company wrongly rejected the claim

Insurance company has rejected the claim without any default on my part please suggest what to do?

Advocate Daniel George answered
At the outset, it is required that a legal notice be issued to the said insurance company setting out the full factual particulars of your matter. Thereafter, we can either approach the High Court of the concerned state to file a writ petition seeking a mandamus direction for requiring the insurance company to set aside the rejection, and to approve the claim in accordance with the due process of law.

Q: Water pollution

I want to file case in NGT but I don't know how to file case. Is it important to hire a lawyer to file case in NGT. Is it possible to file case without1 lawyer

Advocate Daniel George answered
The procedure for filing a case in the NGT, depending on the bench is through electronic format mode. There are a number of prior compliance's which are required to be undertaken prior to filing such a case, and proper grounds are required to be set out for the consideration of the NGT. It is possible for filing 'in-person', although the NGT prefers that the matters be filed through an advocate. Further, we would require to study and analyse the matter prior to rendering an effective advice.

Q: The below mentioned is my problem and what would i do in this

Sir i have invested in network marketing company after investing money the CMD is not giving the amount returning in respect of that investment which he is promised so pls guid me and how would I initiate legal action against him

Advocate Daniel George answered
In my opinion you can send a legal notice prior to filing a suit for recovery and damages before the concerned court where the network marketing company has its office. If the Network Marketing Company is situated in Delhi-NCR, then the said case can be filed before the concerned district court. Alternatively, if the Network marketing company is an incorporated company, as opposed to a sole proprietorship, partnership concern, proceedings under the Insolvency and Bankruptcy Code can be initiated against such a company. Hope the same helps.

Q: Obc certification of woman after marriage

My native place is haryana,married in Delhi in 2008.in 2013 haryana authority denied to enroll my name in my father rashon card by saying that Now You are married, file ur name in your law's rashon card, I enrolled my name in law's card, also got Delhi obc from Delhi authority, Bt bass board denied to consider this obc by saying that u r migrated, although my caste also fall in obc in haryana, at central level and in Delhi also. Plz suggest me where i have right of obc consideration in haryana or in Delhi, my husband also an obc candidate

Advocate Daniel George answered
You will be considered for OBC Certificate from your present residential address, that is Haryana. Issuing of other Backward Class certificates to migrants from other States/UT.Department Notification: 1. In continuation of the DEPT's letter of 36012/22/93- Estt./SCT) dated 15th November, 1993, I am directed to say that it has been represented to this Department that persons belonging to OBCS who have migrated from one State to another for the purpose of employment, education etc. experience great difficulty in obtaining caste certificates from the States from which they have migrated, in order to remove this difficulty it has been decided that the prescribed authority of a State/UT Administration in terms of the DEPT letter aNo.16012/22/93-Estt. (SCT) dated 15th November, 1993 may issue the OBCS certificates to a person who has migrated from another States on the production of a genuine certificate issued to his father by the prescribed authority of the State his father's origin except where the prescribed authority feels that a detailed enquiry is necessary through the state of origin before the issue of the certificate.2. The certificates will be issued irrespectively of whether the OBC candidate in question is included in the list of OBC pertaining to the State/U.T. to which the person has migrated. The facility does not alter the OBC status of the person in relation to the one at the other State/U.T. The OBC person on migration from the State/U.T. of his origin in another State/U.T. where his caste is not in the OBC list is entitled to the concession/benefits admissible to the OBCS from the state of his origin and Union Government but not from the State where he has migrated."