Advocate Kamna Singh

Questions Answered by Advocate Kamna Singh

Q: Draft Retainership agreement for keeping lawyer for my Firm.

I need a draft retainership agreement to be signed with a lawyer for my Firm. He shall be be on part time basis. will come to office 15 days and advise on various legal issues.

Advocate Kamna Singh answered
I can draft that for you. I would be require various details for that. I.e. confidentiality clause, what all services you would availing, mode of payment , time of payment, what would amount to breach of contract and Arbitration clause etc.

Q: Non - Payment against the service they have used.

Hi ,I am delhi based wedding photographer . In the month of Jan and Feb , 2020 , we have not received payout from the client . We have given several reminders to them but everytime they have been asking for time and this has continued now three months . It is B2B Client and company name is Weddingz.in and it is a subsidiary of OYO . Please suggest me what measures should i take .

Advocate Kamna Singh answered
You can send them a legal notice. Even then if they don’t make the payment you can file a civil suit for the recovery of amount. If there is any contract then the terms of that contract need to be checked what it says about the time of payment and consequences in case there is default in payment. It may amount to breach of contract provided there is any term for that.

Q: Cheques given by my tenant towards Security & two months rent bounced

I have given a portion of my house at Dehradun, Uttrakhand on rent @ Rs.19000/ pm in December 2019. Rent Agreement entered for 11 months tenancy on the standard terms including provision for one month notice from either side for vacating the house. The tenant has given post dated cheques for rent and another cheque for one month security. He claims to be a teacher at Basic Siksha Vibhag, Saharanpur posted at Biharigarh. Copy of his Aadhar Card, PAN card and office ID cards are with me. Out of the cheques, two cheques of the tenant were presented by my bank for realization of rent for Dec-Jan 2020 and Security have been bounced, reason 'insufficient funds'. Now realisation of security, rent and safe vacation of my house at an early date is my priority. I am a senior citizen, aged 64.I feel I have to give a notice under Section 138 through advocate. How much does it cost? Are the legal expenses, penalties, etc as per Rent Agreement recoverable from the tenantRegardsM K Jain

Advocate Kamna Singh answered
For the cheque bounce you have to serve a sec 138 notice. If he doesn’t pay you even after serving this notice then you have to file a complaint against him. For getting the premises vacated: you have to serve him a one month notice which can be an oral notice or written. But it’s better to keep everything in writing. Fee for notice varies from advocate to advocate. I charge Rs.5,000 which is negotiable

Q: Company ask to leave without any prior information

I m working in an organization from past 2 years, yesterday only my boss asked me to leave immediately without any prior information.

Advocate Kamna Singh answered
Is there any agreement between you and the company? Or any offer letter given to you at the time of joining? There must be a notice period clause in it. In reference to that clause you can send him a legal notice for reinstating you and can also ask him to give you proper reason for removing you from the company.