Advocate Kaustubh Sinha

Questions Answered by Advocate Kaustubh Sinha

Q: Giving advance for booking but event got cancelled can we ask money

For the marriage of my sister my father booked a tent house in rs 3 lakh and gave advance of rs 10 thousand to the tent house. After two weeks the owner of tent house asked for 1 lakh advance. My father have him an account payee cheque of rs 1 lakh. After a week marriage got cancelled (before 1 month of marriage date) and my father asked owner of the tent house to return the money. It's been 1 year and 6 months since the owner is only giving next date and not the money. I want to ask that what should my father do to get back the money. Please help.

Advocate Kaustubh Sinha answered
you can serve a legal notice to the tent owner demanding the money back. also has he returned the check or not, he may misuse it against you. hope there was no agreement as such between your father and the tent house owner as in case the deal gets cancelled the money will be forfeited by the owner of the tent house..

Q: Resident property capture by other party claiming that they are owners

my dad after retirment put his lifelong saving to buy house in mathura in 2014 and suddenly on 01/01/2016 there are 5 or 6 people come form village with gun and other thinks and caputre our house by saying that this is thiere house and till now means after 4 days they are there,,,they also shwoing that paper with them orignal and true as we have to....so the thinks is first ownre commited agremtn with us to sell the property where as propery allready sold out in 2012,,,,now guild us what to do

Advocate Kaustubh Sinha answered
You need to check the land records on whose name the property is registered at the first place. also if mutation was not done then how come your father became the owner.. the remedy left with you is to sue the person who falsely sold the property to your father when the same was already sold as per you.

Q: where to file case when payment delayed for Foreign Currency Cheques

I am an ICICI Bank customer. I have deposited two foreign currency checks on 23/11/2015 which are not cleared as if now. 39 days have been passed since then however on their website they have clearly mentioned that FCCs originated from US in USD would be cleared in 15 international days or 21-25 days (Indian days). Now, I lodged a complaint with their online NRI services portal for resolution of such issues. However, until now they are unable to confirm the whereabouts of the checks and also I have lodged a complaint with their Nodal officer. Now, I want to know that how may I proceed?

Advocate Kaustubh Sinha answered
Hi,Have gone through your query, its correct that the foreign currency cheques are supposed to be cleared in in 15 international days or 21-25 days (Indian days)(for US based transaction) and there is clear deficiency on the part of the Bank not to clear the same in the specified time period more so as you say that they even don't know the whereabouts of your cheque which is certainly negligence and recklessness on the part of bank. The appropriate forum to file a case would be consumer forum depending upon the amount of the cheques...Reagards,Kaustubh Nandan Sinha,Advocate