Advocate Kabir Dhall

Questions Answered by Advocate Kabir Dhall

Q: What action can be taken case of cheque bounce as account is blocked

Cheque returned with remark Account blocked (situation covered under 21-25) What action can be taken

Advocate Kabir Dhall answered
You can file complaint under section 138 ni act for that you need to give a legal notice first demanding payment withon 15 days and after that you can file complaint in court. Make sure you do so wirh in one month of dishonour of cheque.

Q: What punishment is given to a personal loan defaulter by court

Sir I took a personal loan from icici bank before..after six EMI I couldn't pay further due to job loss. Bank file a case but I didn't receive any notice... Now the case is become ex parte. Now my question is what's the maximum punishment If i couldn't repay??. Will they forfeit my property?? Or they will put me to the jail?? Please advise

Advocate Kabir Dhall answered
I suppose the bank had filed civil suit for recovery. It isn’t always better to contest the same but as you told that you have been proceeded ex parte the bank may get a decree against you and will file execution for recovery of decreetal amount. In that case your property can also be attached for payment of sum and in worst case you may have to face civil imprisonment if court finds that you are intentionally not making the payment. The advice to you is to get the exparte order set aside and contest the suit on merits and also try to negotiate with bank to settle the matter.

Q: Remedy against husband abusing wife to transfer title of ownership

Sir my sister has a house on her name but her husband abusing and threatened her to transfer the house ownership to his name.my sister wants to live separately with her kids because he is druggist also.but he is not leaving my sister home what are the legal actions we can take to keep him away from house.sir please give ur valuable advices.

Advocate Kabir Dhall answered
The best remedy is to file petition under section 12 protection of women from domestic violence act and you can get direction from court and restrain ordered well a direction to police to get the protection from financial and physical abuse.

Q: Wife has affair with other person can i sue him for disturbing my life

Sir, i caught my wife with another person. Can I file a case against that person for harassment and disturbing my life. I am very depressed and feeling alone. Full of anger to take revenge against that guy. He slept with her so many time in my absences. 

Advocate Kabir Dhall answered
The act of that other person is a civil wrong in form of tort as well as crime in form of adultery. You can file a criminal complaint against that person for commission of offence adultery punishable under IPC. But it is always in your interest to gather some good proof in form to substantiate your pleadings.

Q: Laptop not resolved after 2 servicing, what legal action can i take

Dear sir, i purchased a laptop from USA on 15th July 2017, and have transferred its ownership and warranty to india (as per the DELL's policy, my warranty is valid in india). I was facing 2 major issues and reported them to the company, it agreed to change parts and registered complaint on 30th Aug. I was informed that parts will be replaced by 5th Sep., my parts were replaced on 13th Sep. and i was asked to observe the system and report the issues if any. I was facing same issues and i reported this to the company. I was asked to come to the Gurgaon service centre of Dell and handover the system for 3-5 business days to resolve the said issues. However, now the company is saying that they will replace the same parts again and that too on 26th Sep., and will further observe my system under their supervision for any issues. I want to know about the eligibility of filing of case in consumer forum.

Advocate Kabir Dhall answered
You can certainly file the complaint in consumer forum. You will get the replacement of the gadget if there is any manufacturing defect and also compensation and litigation expenses. Keep data of all your complaints and responses intact to show that your grievence has not been redressed till date and produce the same before Forum.