Advocate JC Prateek Pal

Questions Answered by Advocate JC Prateek Pal (25+ answers)

Q: Payment not refund and the order not sent

This appears to be a case of a possible online shopping fraud or unfair trade practice. The seller initially offered the dress for ₹300, but after receiving the payment, demanded an additional ₹199 as delivery charges. After that amount was also paid, the seller demanded a further ₹599 for a tracking ID. Such repeated demands for extra payments after the order has been placed are suspicious and may indicate deceptive conduct. As a consumer, you are entitled to clear and transparent information r

Advocate JC Prateek Pal answered
Based on the facts provided, the conduct of the seller prima facie appears to constitute cheating, misrepresentation, and an unfair trade practice. The seller initially agreed to sell the dress for ₹300, but subsequently demanded additional amounts of ₹199 towards delivery charges and ₹599 for a tracking ID after receiving payment. Such repeated demands for money after confirmation of the order are highly suspicious and indicative of a possible online fraud.Relevant Legal Provisions:Section 318, Bharatiya Nyaya Sanhita, 2023 (Cheating) – If the seller induced payment through false representations.Information Technology Act, 2000 – Applicable if electronic means were used to deceive or defraud the buyer.Consumer Protection Act, 2019 – The buyer can seek refund and compensation for unfair trade practices and deficiency in service.Suggested Course of Action:Do not make any further payments.Preserve all screenshots, chats, invoices, payment receipts, and transaction details.File a complaint on the National Cyber Crime Reporting Portal.Lodge a consumer complaint seeking refund, compensation, and appropriate action against the seller.If the seller's identity is known, criminal proceedings for cheating may also be initiated.You have a strong case to seek refund of the amount already paid and to take legal action against the seller for deceptive conduct.

Q: A Girl And Her Friend Pushed And Slapped Me - Can I Go Legal

A girl pushed and slapped me out of rage while deboarding the metro at Noida Sector 15. I reported in the metro officials and saw the footage. She is seen slapping along with another girl with her. DMRC has recorded their details and asked to proceed at police station if need legal route. Should I proceed ?

Advocate JC Prateek Pal answered
Yes, you should definitely proceed legally if you want to hold the individuals accountable.Here is a structured legal response draft you can use to answer the client on the platform:Recommended Legal ResponseYes, you should definitely proceed with legal action if you want to hold the individuals accountable for their misconduct. Physically pushing and slapping someone in public constitutes a clear criminal offense under Indian law.Under the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaced the IPC), these actions attract specific criminal provisions:Section 115 (Voluntarily Causing Hurt): Applies to the physical act of slapping causing pain.Section 131 (Assault or Criminal Force): Applies to the act of pushing and using force without provocation.Since the Delhi Metro Rail Corporation (DMRC) has already verified the incident on CCTV footage and recorded the details of the individuals, you possess highly credible and independent evidence. This makes your case legally strong.Steps to proceed:Visit the designated Metro Police Station or the local police station holding jurisdiction over Noida Sector 15.File a formal written complaint requesting the registration of an FIR (First Information Report).Mention in your complaint that DMRC officials have already recorded the accused persons' details and secured the CCTV footage.The police will officially request the footage and identification data from DMRC to proceed with the investigation. Taking this step ensures public safety and holds the aggressors accountable.If you need to tailor this response further, please let me know if you want to emphasize specific penalties, clarify jurisdiction details, or adjust the overall tone.

Q: Family session court se ordersheet kaise nikali jaati hain

Family session court se ordersheet kaise nikali jaati hain.aap nikaal denge.

Advocate JC Prateek Pal answered
Family Court order sheets are issued after each date of hearing and contain the proceedings and directions passed by the court. An order sheet can be obtained either through the court record section by filing a certified copy application or by checking the official district court website if e-courts services are available. Generally, the advocate appearing in the case can also download or collect the order sheet on behalf of the party. Certified copies are useful for legal purposes and future reference.

Q: Non payment of gst invoice of which tax deposited by us

Is there any law in gst to recover payment of gst invoice of which gst amount deposited by us

Advocate JC Prateek Pal answered
Under the GST law, there is no specific provision which directly allows recovery of GST amount from the buyer once the supplier has already deposited the GST with the Government. As per the CGST Act, 2017, the liability to pay GST is on the supplier, irrespective of whether the consideration is received from the customer or not. However, recovery of the GST component can be claimed under civil law as part of the total invoice amount, since GST forms part of the contractual consideration. The supplier may initiate civil recovery proceedings, issue a legal notice, or file a summary suit for recovery of dues under the Code of Civil Procedure. In appropriate cases involving dishonest intention, remedies under criminal law (cheating/breach of trust) may also be explored. The GST law itself does not provide a separate mechanism for such recovery from the buyer.

Q: ROHIT NAGPAL ADVOCATE NOT RETURNING MY AMOUNT OF RS 35000/- 8 YEARS

I had given amoun through online transaction of hdfc bank to account of mr rohit nagpal advocate for transfer of trust registered office from new delhi to allahabad. after long time he said registered office cannot be changed. therefore i said then please return my paper and amount. then he returned the papers thru courier. but for amount he always gives new time, date, and not receives call many times and say he has given the entired money to 3rd person. which is not possible. any body not do s

Advocate JC Prateek Pal answered
From the facts stated by you, it appears that the advocate has failed to render the agreed professional service and has also not refunded the amount despite repeated requests. This amounts to professional misconduct and breach of trust. You should immediately send a legal notice demanding refund within a fixed time. You may also file a complaint before the State Bar Council against the advocate. In addition, a police complaint for cheating/criminal breach of trust and a civil suit for recovery of money can be initiated if the amount is not returned.आपके द्वारा बताए गए तथ्यों से स्पष्ट है कि अधिवक्ता ने न तो सहमत कार्य किया और न ही बार-बार मांग के बावजूद आपकी राशि वापस की। यह पेशेवर कदाचार और विश्वासघात की श्रेणी में आता है। आपको तुरंत एक कानूनी नोटिस भेजकर निश्चित समय में राशि वापसी की मांग करनी चाहिए। आप संबंधित राज्य बार काउंसिल में शिकायत दर्ज कर सकते हैं। इसके अतिरिक्त, धोखाधड़ी/आपराधिक विश्वासघात की पुलिस शिकायत तथा राशि वसूली हेतु सिविल वाद भी दायर किया जा सकता है।