Advocate Hemant Kakkar

Questions Answered by Advocate Hemant Kakkar

Q: Used car purchased & had issues within 30 days of purchase

Dear sir,I purchased a used car on 18th April, 2018 from a dealer of Cartrade. Car was certified as "Excellent" in written from Cartrade but within 30 days the car started giving issues. In the mid of an expressway the car stopped due to engine overheating issues while I was travelling with my family. The authorised Hyundai service dealer after inspecting the car found many issues - the radiator of the car was completely choked as if it was not serviced since a long time. The car's head gasket was not original and was burnt(I have all the bills of Rs. 22,000 and previous spare which were changed). I want to send a legal notice to 1. GK Automotives the car dealer for the false promise that car is serviced regularly while it was not serviced since 2014. 2. To Car Trade for giving false "Excellent" certification to the car and individual components while the components were not original and in very bad condition. I want to return the car and get my money back along with money spent.

Advocate Hemant Kakkar answered
Sir,I have read your query but first of all i want to know whether the authorised dealer of hyundai has issued any certificate or prepare any report of service before solving your problem and if yes then we will take that report from him and placed on record with bills so we will easily prove our case. If you want to send legal notice you can take my number from this portal or book an appointment through lawrato.

Q: Stolen vehicle recovered but superdari is not received what to do

My bike got stolen and recovered with in few days and we recovered it from police stataion we have even registered for the superdari for the vehicle but we have not received any communication from court and it is now 3 years and still i am not able to sell my bike. Now i do not have the details of the document i received from court and not even FIR details i lost them, can someone please suggest how can i proceed to get superdari removed on vehicle.

Advocate Hemant Kakkar answered
Sir,If u know the year, month and concerned police station where you had filed the FIR then you can easily get a copy of FIR. Once you will get a copy of FIR you can file an appropriate application in court.

Q: Is it legal to use residential properties for commercial purposes?

Is it legal to use residential properties for commercial purposes? I want to give my property to someone else as a commercial shop on monthly rent basis eg: automobile servicing shop etc. Can i do that? Is ther any legal formalities that i need to do ? Is there any conversion charge that i need to pay? I want to be sure and clear on this issue as much is happening in delhi relating to the sealing drive DDA MASTER PLAN.? HOPING FOR AN EARLY RESPONSE

Advocate Hemant Kakkar answered
Dear sir/mamYou cannot give/use any residential property on rent for commercial use. If your area is covered in mixed land use property then you can use that shop for commercial purpose but only those activites which is passed by MCD and other relevant authorities, after depositing conversion charges and relevant license.

Q: Want to know the procedure for taking quick possession of my property

I m Hindu plantiff. Court declared ex party to my tanant after 2 summons & 2 newspaper publications now what procedure & time Cort will take to give me possession of my property. What legal process l should follow to take quickly possession.

Advocate Hemant Kakkar answered
Ones the court will decree ex party, you can take possession of your proper and if he/she will not give possession of suit property, you can file an execution. Tell me more facts about case for better advice like did you filed a suit under DRC ACT or just suit for possession!!

Q: Complaint against for friend blackmailing and demanding 10 lacs

i was in relationship back 3 years with a girl we had sex which was our both decission we both were 18+ and then we broke up i dont talk to her from the last 30 months nowe suddenly her brother calls me to meet me and after meeting he beats me and blackmail me to give 10 lahk rupees or they will file a case against me what should i do ?? he was also giving me threats of women cell

Advocate Hemant Kakkar answered
Dont worry brother if you think that they could take any step against you so before they do, you just do one thing write a complaint to SHO describe the facts and tell them about your relationship too. Threats which they are giving, their illegal demands and about blackmailing and submit it to the nearest police station. And one thing more at the time of your relationship have you given any commitments regarding marriage?