Advocate Kaushick Banerjee

Questions Answered by Advocate Kaushick Banerjee

Q: RE: Legal case by foreign client

My colleague has charged a US based client for services which weren't fully served or delivered to him. Also, he has offered him money to buy Apple MAC laptop, now he asking for refund of that money provided to him to buy a laptop and for services which weren't delivered. He is asking he will take legal actions against him for taking his X amount of money. FYI- account is more than $10,000. He said" he can return his laptop but not the money. Please help what to do ? He is living in Kolkata.

Advocate Kaushick Banerjee answered
I can help i deal with start up problems and money recovery. i have taken legal action for many foreign clients. so you can get in touch with me for further consultation. I would like to hear what interest do you have in this matter.

Q: Harassment and legal threat by Client to freelance graphic designer

I'm a freelance Graphic designer from Kolkata. I had taken up a design project in 2017 (for 8 package designs for Rs. 35,000) with 3-4 rounds of changes and to be completed within a period of 8 weeks. There was no signed contract. In 2019, I tried to persuade her to sign an agreement. She kept refusing to the terms. Instead, she sent a lengthy contract drafted by her lawyer — the terms of which, I did not agree with. Eventually, nothing was signed. The work kept going on. The project got over last months — with the client forcing me to work on 28 packaging designs, with 9-10 rounds of changes. I sent her the invoice (Rs.80,000). She refused to pay and insisted I give her all files at the original cost of 35K. She has now involved her powerful lawyer and he has emailed me a 'pre-initiation notice' threatening initiate civil and criminal proceedings against me for extortion and damages, if I don't send the files within 72 hours. Please help.

Advocate Kaushick Banerjee answered
This is really problematic You should have negotiated a contract with your employer and signed it before starting to work. Undee the current circumstances as your employer has sent you a legal notice you should not deliver the work and you should file notice in response to the notice which has been sent to you I would have more information from you in order to advise you further

Q: Startup marketplace provider for booking of goods Vehicle and cabs

Hi, I am going to start market place, an App based business for booking of goods vehicle and cabs for local distances through our registered vehicles.It will be expand other too. What are the business compliances, motor vehicles rules or any other guidelines I will have to follow, what type of T & C and privacy policy have to be draftedPlease guide

Advocate Kaushick Banerjee answered
you will require conditions privacy policy for your website and also for your Android app and apple apps. I understand that you are going to have Uber like business You need to have contracts in place with the vehicle owner who want to register with you Im a corporate lawyer with international experience I can advise you regarding this matter and complete all the legal documentation that is needed starting of this business

Q: problem faced due to incomplete work and encroachment by builder

i want to take legal action against builder for not adhering to problem faced by me as (1) rain water drops from upper floor to my door step. (2) alteration in construction not approved in building site plan and encroachment of free space by builder for unlawful monitory benefit. i wnt to write notice interms of west bengal municipal building rule.

Advocate Kaushick Banerjee answered
thank you for your interest in sending a notice to the developer this is actually possible but I need to see the documents in order to advise you how to move ahead with the issue you can of course file a case in the consumer court to take action against the developer

Q: Can I include my name as a property owner while property registration?

Hello SirA few years back my dad (A) and mom (B) bought a property (one floor of a building) but it is still not registered yet. So while name transfer it's transferred only in their names (A & B). Now we are two siblings (C, D son of A & B). Now what I exactly want is that property should be in the name of A,B,C,D with equal share of 25% as I will be giving the whole amount of money for the registry. My dad(A) argues and says that it is not possible since the ownership has been done in their name only (A & B). So this is the part where I am having the confusion if I am paying the registry fees(4-6 Lacs whatever it is) then why we (C & D) have no right to get the equal share. Please enlighten me.

Advocate Kaushick Banerjee answered
there is confusion regarding your question if no registry has not been completed the property has not been purchased I need to see whether there is an agreement for sale of the property in your parents name in order to advise you whether you can have the property in your names. you can consult me over phone by making an appointment. you need to send the necessary documents for advise.