Advocate Gaurii Chaturvedi

Questions Answered by Advocate Gaurii Chaturvedi

Q: Refund of advance amount paid against non delivery of material

I have paid 3lkh advance for some purchase which is confirmed by mail for delivery of material with in 1 week but the vendors fails. In between I send many reminder mail but status was updated hence I cancel the order on mail ask for refund. Now they are not ready to payback the advance and trying to sale the material forcefully which we can't take now. Suggest what to do. They are also asking for the balance payment and ground rent as well. Quotation received on 28 feb and asked for 50% advance but agreed for 30% advance and I paid the same. I sent continuesly mail regarding despatch but no response se till the delivery date so I took material from other vendor as it was urgently required. All the communications are made in mail. Suggest what to do

Advocate Gaurii Chaturvedi answered
There is a breach of the contract by the Vendor/Supplier and hence a suit for recovery of the amount paid along with interest can be filed in the district court. As per Section 55 of the Indian Contract Act, 1872, in a contract, where time is essence, if the promisor fails to do the thing promised at or before the specified time, the contract or so much of it as has not been performed becomes voidable at the option of the promisee. Also, Section 74 of the Contract Act read along with Section 73 makes it clear that in every case of breach of contract, the person aggrieved by the breach is not required to prove actual loss or damage suffered by him before he can claim a decree. The Court is competent to award reasonable compensation in case of breach even if no actual damage is proved to have been suffered in consequence of the breach of a contract.

Q: How to claim share in ancestral property after husbands death

Hmari ancestors property hai(mere husband ki grandmother ki property hai) building material ki shop hai 300gaj area paharganj mein.. Phle mere husband vha baithe the fir husband expired hue to uske baad mere brother in law baithe hai.. Ab unhone property sale ki without my permission.. Lease ki property hai unke pass papers bhi Ni the iss property ke.. Vo vha pe construction work bhi shuru ho chuka hai.. But in front of me vo accept Ni kr re ke sale ki unhone.. Aur mere bacho ka share bhi nhi Dena chahte.. Vha vo shop tut kr flats bnne hai jisme in sbka mere husband ke cousin's ka share hai but Mera nahi h share.. Cash mein bhi kuch Ni diya.. Poora Paharagnj accept kr ra hai vo shop sale except my brother in law.. So wat can I do?? Immediately action Lena hai but kaise kru kya kru plz let me know.. Rply asap..

Advocate Gaurii Chaturvedi answered
A suit under the Hindu Succession Act can be filed along with an application of injunction against your brother-in-law. Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place. So, the portion which would rightfully come to the husband would, in the event of his death, will go to his wife.

Q: Bought a TV from snapdeal showing defects and not replacing it

I Purchased Micromax LED TV in Feb 2016 from Snap deal and since then I am facing problem. Every time it goes to repair center comes after 4/5 days and it remains ok for couple of days and again spot comes. Every time i ask for Replacement they just say its dust and they cannot give replacement .

Advocate Gaurii Chaturvedi answered
There are two ways to go about the issue:-1. Approach the customer care center of SNAPDEAL to replace your product if it falls in the eligible category of products which can be replaced. Also, the twitter handle of SNAPDEAL is quite active in handling its complaints, so you can post your grievance on their twitter page as well. Another thing which needs to be kept 2. If option no.1 does not work out then a legal notice can be sent to them. If subsequently no reply is received from them within 15 days of sending the legal notice then you can approach the appropriate district consumer forum for redressing your grievance. Your relation with snapdeal is of a consumer and if there is some defect in their service. you can file consumer complaint under the Consumer Protection Act.