Advocate Hemendra Kumar

Questions Answered by Advocate Hemendra Kumar

Q: Need a legal help for filing the case in NCDRC

I own a villa in a high end project which comprises of 1800+ apartments and 52 Villas. Out of which, apartments and first 29 villas ( out of 52) were developed on one parcel of land where as rest 23 villas were developed with different development and building plans on an adjacent land (which developer had started constructing after getting OC for the larger project of 1800+ apartments and 29 villas). At the time of purchase, altogether it was shown as one property and we had access to larger property facilities. But later , larger property association got an injunction against the developer and owners of 23 villas as trespasser. Since the very beginning of dispute, developer has been assuring us of our rights and facilities but as such nothing has worked in our favour and the case is subjudice in High court. It has been almost 3 years for me get occupancy of the villa , so I want to know if I can file a case against developer in NCDRC for compensation and refund of arbitral charges.

Advocate Hemendra Kumar answered
Yes, a case before NCDRC can be filed if the value of the property is more than one crore individually or collectively. Please consult an advocate for filing of the complaint together with Affidavit(s).

Q: What to do if i have been accused of false rape charges

Rape FIR filed by lady in September 2016 stating that she was raped by a person in June 2010. He clicked some objectionable photos of her and through blackmail continued to rape her. He also forced her to have physical relation with his friends and business partner in Jan & Feb 2012. She does not know them but can identify them. The lady did not mention my name in FIR but in statement under Section 164 before magistrate the next day, she stated that in Jan and Feb 2012, I was one one of the business friends. The truth is I have never met the lady. The police have filed the chargesheet and have included my name in it. In the chargesheet, the police have mentioned that I had accepted my crime and then they arrested me (I had taken bail and it was paper arrest, with bail bond). What should be my defence?

Advocate Hemendra Kumar answered
Contact a good lawyer who can prepare a good defense for you in the above case. Please mention the name of the police station where the complaint has been filed. Several grounds for defense are available to you in the above case. If you have not done anything wrong, then there is nothing to worry.

Q: Legal action against mental torture & black mail with private videos

Hello sir, i am seeking for the righteous action taken against someone who is torturing me mentally. I had a friend and once we got intimate when we were intoxicated. Out of my knowledge he recorded a video of our sexual act. When I tried to cut off contacts with him he tried to blackmail me through those clips. He wanted to get intimate with me once again. He told me that he wants to get intimate once again and after that he will not bother again. Out of my stupidity, I did it but now he is stalking me again and again. He is threatening to kill me and my family and also to expose those videos in public very soon, if I will not get intimate with him at the time he wants have intimation. I would like to get rid off him. I have all the messages where he has threatened me to murder and continuously told me to have intercourse with him.BUT I don't want to involve my parents into this. Thugh my mother knows he is stalking me but she doesn't know the whole story. Kindly suggest me something

Advocate Hemendra Kumar answered
That's really sad. Please approach the nearest police station and get ur complaint registered. Since this is a cognizable offence so the police are bound to register an FIR. Also, you can send your complaint to the DCP or SP of the area concerned for prompt action.

Q: Time limit for filling an undated cheque

What is the time limit for filling the date portion in an undated cheque complete in all aspects given to me as security for a loan given for 30 lacs by cheque , 14 months back , debtor is not paying money back ,no loan agreement between us,all i have is a signed peice of paper acknowledging loan ,no date of repayment specified and rate of interest at which loan given is specified in paper!!! Please share your advice

Advocate Hemendra Kumar answered
A criminal case under section 138 N I Act can be filed within three months from the date on which it was presented in the bank. Since there is no date on an undated cheque so the person holding the cheque is free to present the same on any date by putting a date on the cheque.

Q: Met with an accident person died in hospital police took license

I have met with an RTA, where I was driving the car with my family and suddenly a person comes to road ran towards the road to cross it and there was no crossing no red light. And unfortunately he hit with car and i stopped the car, and police officials came there and I asked them to take him to the hospital and one official asked for my license and gave him. Then they took my license and dropped the victim to the hospital. Next day he is dead and police officials asked me to submit the car and license and RC and i submitted and arrest memo signed and bail with my brother in law's license. And now i am worried for that IPC and case. Please guide

Advocate Hemendra Kumar answered
Indeed an unfortunate incident. There is nothing to worry because you were holding a valid license. A duplicate copy of the license can always be obtained from the licensing authorities. A good lawyer can prepare the required defense in your case.