Advocate Manoj Singh

Questions Answered by Advocate Manoj Singh

Q: Refund not given by travel agency when already informed to cancel trip

Dear Sir, I have booked holiday package for Rameshwaram on 19th Apr'18 by paying Rs 20,000 but due to some reason cancelled the booking on 21st Apr'18. ( Travel dates is 9th June 2018) Request mail sent and information given on customer care. After discussing with customer care person again final mail sent for cancellation. They informed me that process will be initiated in 3-4 days as per company policy. But from then many follow up , calls & emails , no respons received from  team regarding my refund. Not even any acknowledgment given for processing. On 4th May again i have written mail & call but still they said we process not started. Then i have mailed on 16th may to all top officials for my refund . then they called me & told that ur refund process not initiated and you have to travel on these dates only as package is confirmed ( because of their mistake only they have not cancelled).still they are not giving any refund and confirmation. I am need you expert advise

Advocate Manoj Singh answered
Dear Sir,I have gone through your query. You should issue a Legal Notice to the concerned Travel Agency, If travel agency don't pay any heed to your notice, then you may file a complaint under Consumer Protection Act before appropriate District Court.

Q: Procedure to claim refund of advance money from travel company

Dear sir/ madam I had given an amount of rs 50,000/- as an advance to a travel agency at connaught place. Subsequently, I had asked her to make changes, but after receiving advance she started showing arrogance, reluctance on my package and kept on increasing money and building pressure to pay more money After negotiating with her for a couple of days and realising that now she was exploiting me.. as I m fixed by giving her advance.... O requested her to refund me the money... To this first she said, she would return Rs 25000/- as her company has been charged credit notes Then later she said.. she would refund rs 15000/- Now she is saying she would refund Rs 10,000/- Do I have any right or govt has any provision, wherein I can get justice and my refund Her email/ response I m attaching below to understand the case/ her behaviour Thank you.

Advocate Manoj Singh answered
Dear Sir,First of all, you send a legal notice to the company concerned. if they call you for negotiation, so far so good, if not then you may file a complaint under Consumer Protection Act before the District Consumer Forum and place your claim. You may also claim for the damages.Regards.

Q: Used car purchased & had issues within 30 days of purchase

Dear sir,I purchased a used car on 18th April, 2018 from a dealer of Cartrade. Car was certified as "Excellent" in written from Cartrade but within 30 days the car started giving issues. In the mid of an expressway the car stopped due to engine overheating issues while I was travelling with my family. The authorised Hyundai service dealer after inspecting the car found many issues - the radiator of the car was completely choked as if it was not serviced since a long time. The car's head gasket was not original and was burnt(I have all the bills of Rs. 22,000 and previous spare which were changed). I want to send a legal notice to 1. GK Automotives the car dealer for the false promise that car is serviced regularly while it was not serviced since 2014. 2. To Car Trade for giving false "Excellent" certification to the car and individual components while the components were not original and in very bad condition. I want to return the car and get my money back along with money spent.

Advocate Manoj Singh answered
Dear Sir,You can send a legal notice to G.K Automotives on the ground of goods being defective. You can also approach to Consumer Forums for claiming damages and compensation. In view of above, you are advised to take necessary legal action.Regards.

Q: Refund of fees from coaching centre due to poor quality of education

I am a student. i paid fees to the institution for DSSSB. I dont want to continue with that institute because of poor quality of education they are providing. At the time of admission they said they'll arrange their best teachers in any circumstance but now the owner of the institute use to take classes by her ownself and qaulity is too poor. it has been 2 months now m asking for refund ,she is saying she'll not refund my fee. Their teacher always use to point out me in class. He pointed me out for my dark circles he never cleared my doubts. it possible to get the refund of my fees.

Advocate Manoj Singh answered
Dear Student,It is a clear cut case which comes within the ambit of Consumer Protection Act, 1986. If you are not satisfied with your coaching center, then as a first step you may get issued a Legal Notice to your institute and even then also they don't pay any heed to the same, you may file a complaint under Consumer Protection Act. You have good chances in your case as per given facts.Regards.

Q: Possibility of mutual divorce joint petition with fake marriage date

I recently got married in dec 2017. We both decided to take divorce. She has sent an agreement stating some clauses and told we can show our marriage took place on dec 2016. And then can apply for mutual divorce. Is it possible??

Advocate Manoj Singh answered
I have gone through your query. Back-dating of your marriage date shall constitute an offence under Indian Penal Code, 1860. It is not at all advisable to commit such an offence and it is further advised that please don't try to be-fool the Court and as soon as you agree to same, you will also become the party to the same offence.Regards.