Advocate Kalyani Agarwal

Questions Answered by Advocate Kalyani Agarwal

Q: How to get a stay order on transfer order in central government

I'm secretary of then group b officers association, recently the administration issued the transfer order irrationally without considering the choice of posting .can we challenge the issue in the court 0f law!

Advocate Kalyani Agarwal answered
Yes this can be challenge before the high court and get interim order of stay . All you have to do is file a petition in form of writ and seek for interi order or stay from getting transferred without reasonable cause .

Q: PACKER AND MOVER AGENCY NOT GIVING THE BILL FOR CONSIGNMENT

I took the service of a packer and mover agency to transport my luggage from Bangalore to Pathankot. Now after transporting the luggage I had an argument over the bill. The guy then got irritated and in anger refused to give me the bill. I registered a complaint regarding their company in National Consumer Forum where they directed me to send a mail to tax department of Bangalore. I did the same but there has been no response from them ....

Advocate Kalyani Agarwal answered
Sir, You can file a case against the service provider before the district forum and he can be compelled to give you the bill for which you have availed the services from i.e. transporting the luggage from Bangalore to Pathankot.

Q: Is the will valid if my name is listed in it but I don't have a copy

My brother hasn,t provided me a copy of the will. It is 10 years since my mother passd away, and my brother hasnt provided me a copy of the will. He has only told me that my name is in the will and i am not Been given anything. He has said there is codecil that the 2nd floor is allocated to his son. My mother Left ablank, and told me that it isfor me. Is the will valid since i havent been given a copy. I am an hindu. It ia property question.

Advocate Kalyani Agarwal answered
if the will is registered, you can get the same from the sub-registrar office paying by paying requisite fees. You can challenge the will itself before the court , if you have any doubt regarding the will as you are one among the legal heirs who are entitled to get due share in the property.

Q: Builder delayed possession want to recover money given as advance

Due to delay in loan processing from builder side we have cancelled the land sale agreement after the due date of the sale agreement. Builder had taken 12lakh rupees as booking and agreement amount. But after cancellation the builder is not repaying our money. And also telling some n no of reasons. What is the right process in this case to get back the money.

Advocate Kalyani Agarwal answered
I would suggest you to find a consumer complaint before the district consumer forum as you and the builder have consumer and service provider relationship and you can take appropriate legal action against him before the said forum.

Q: What to do if I have received a summon for cheque bounce case

Hi Sir,Madam, Received a summon for cheque bounce , which we have issue sep 2016. The PDC was provided to an interior company. They couldn't finish the work on promised date and the measurements of work didn't match with the estimate for which PDC was provided. Hence we have mailed the company that you couldn't complete the wrk and measurement is wrong so I am cancelling the cheque , you finish the work and do a measurement and based on that you can take another PDC. They ignored this and even they were aware they submitted the cheque and obviously it returned by bank. Now they have put a case of cheque bounce case against us. In fact after they received the PDC they didn't focus on work and kept of telling lies that work is complete, We even sent them mails of incompleted work. Just to harras us and extract the money they told verbally many times to put a case and we will be arrested Need help to understand how to proceed now. Is it true that the issuer will be arrested on this case

Advocate Kalyani Agarwal answered
The cheque bounce is serious offence under one section 138 of the negotiable instrument act and the person who has issued the cheque and the said cheque gets bounced then the said offence is covered under the purview of the act. Having said that since the cases filed against you for bouncing of the cheque and summons has been issued to you you have to accordingly appear before the said court and take a regular bail in the matter thereafter you have to give evidence. If you fail to do so non-bailable warrant will be issued by the court and if it is executed you will be arrested. Hence I suggest you to appear before the said court at the earliest point of time and take a regular bail.