Advocate Kumar Ram CM

Questions Answered by Advocate Kumar Ram CM

Q: Cancellation of Flat under construction after paying the token amt

Last week I booked a flat with a Reputed Builder by paying a token booking amount of 1.5 lacs. The Apartment is under construction and will be delivered in 2 + years. This was booked under the scheme of 10:90 where in 10% I had to give now and 90% at Possession. The Flat value is 1 Cr so as a initial booking I gave 1.5 lacs and told the developer that I will balance 8.5 lacs shortly. However there has been urgent need in family and I want to cancel my booking. Developer is asking for 1% of the Flat value (1cr) as a cancellation charge. Please advise if I have any recourse to get back my 1.5 lacs. Thanks

Advocate Kumar Ram CM answered
The amount could be recovered from developer. However consumer proceedings may not come in handy with regard to expeditious disposal. Irrespective of the fact we wish to see the documents executed between you and developer for appropriety remedy.

Q: Mentally harassed by mentors can I file case after my Phd

I am pursuing PhD programme for the past few years and I have undergone mental harassment by my guides and they forced me to spend my fellowship to spend on research. They have abused me with unhuman words and they have not supported me to move forward. I would like to file a mental harassment case against my supervisor after the completion of my PhD programme. In this connection, kindly let me know the possibility of filing the case even after leaving the firm /institute. I request you to provide the information at the earliest possibility. Can I get any kind of compensation? 

Advocate Kumar Ram CM answered
There is something called limitation, within which you might have to file the case. If u wish to file immediately after it phd, it is advisable to secure documents from now on, which will help you to pursue effective remedy.

Q: Pending salary and cheque bounce

Hi,Here are the case details.- Started working with a company in Bengaluru on 2nd November 2016- Company did not pay salary till April 2017- After legal action warning, company's MD provided 3 post dated cheques towards pending salary to be submitted till 30 June 2017- 1st cheque dated 30th April 2017 was dishonored due to insufficient fund- Now company's directors have stopped answering calls and emails= Need to understand strategy for legal action and its implications.= How can it be resolved quickly?= Company directors are not too concerned about legal action as they said that already 2-3 cases are there, 1 more will not make a difference and anyways they will not be arrested for non-payment of salary (this is before giving me post-dated cheques)

Advocate Kumar Ram CM answered
As the payment of salary constitutes legal dues, you can always proceed with filing cheque bounce complaint against company. The law is same as regards to any individual or company. If the company chose not to represent in court non bails blend warrant will be issued. Even after losing the company does not pay the dues then we can seek for arrest of directors, attachment of properties of company and other remdies available in law.

Q: Cheated by tourism company how to get my money back

 I had taken a tour package from  world tours Banglore for Europe I have got all the countries visa except London so now iam requesting them to postpone it to next date they are not willing to do it either they are not willing to give back the money the visa officer said that visa was rejected because of fault some by the travel agency my tour is just 4 days from now i am not getting what to do now please guide me in legal way ?

Advocate Kumar Ram CM answered
It is advisable to write to tourism company to cancel your trip and to refund the amount back. Thereafter consumer complaint can be filed for deficiency of service and unfair practice by tourism company and to seek refund of amount including damages.

Q: What are laws for Cheque bounce when account is closed?

I have closed my bank account in 2005 but I had handed a cheque as security to my friend and he had presented cheque to bank in 15-1-2017and cheque returned with bank endorsement account. Closed and same not intimated to me later he again present cheque for second time on 20-2-2017 with bank endorsement 'account closed'second time. Can he file case against me once bank account closed and it cannot be again opened by same bank as bank manager told to open new account. So does 138 attract to me. How

Advocate Kumar Ram CM answered
Filing a case cannot be stopped by any one. However if such a complaint will succeed is the question to be answered. To our experience the complaint will be dismissed provided effective cross examination is conducted.