Advocate Naman Saraswat

Questions Answered by Advocate Naman Saraswat

Q: Consumer court case against titan watches

My native is krishnagiri, I send lawyer notice to titan watches co , hosur through local lawyer, and i got reply from from company. I would like to putup case against company at Bangalore consumer court, since i shifted temprorly to Bangalore . is it OK or else i have file only my native place . pls advice me

Advocate Naman Saraswat answered
Hi, since the watch was purchased in Krishnagiri, the consumer complaint also needs to be filed only in Krishnagiri. The consumer forum may not entertain the case as there is no cause of action arose in Bangalore and hence your complaint may not be entertained in Bangalore.

Q: Legal remedies if online shopping website delivers wrong product

Sir / Madam, I had ordered a pair of branded Shoes on an online shopping website but they have delivered some cheap china Made sandals instead of the shoes I had ordered. They have refused to accept their fault and refused any refund too. Need help to take action against the online shopping website.

Advocate Naman Saraswat answered
Hi, you can approach the consumer forum by filing consumer complaint, you are required to make the website and the supplier as a party to the case and provide all the materials such as your online shopping confirmation, your complaint with website etc.

Q: How to file a consumer case in the court

Hi, A financial institution has cheated me by using my PAN card and issuing a loan to someone without my knowledge and consent. I got to know this when i tried applying for a loan with a bank and they rejected saying I have an overdue on my CIBIL. I called up their customer care and confirmed the details in which only my PAN details are matching. I want to lodge a fraud case with consumer court and a drfamation case for damaging my respect. Could you please help me how to get this done. Thanks a billion. 

Advocate Naman Saraswat answered
Hi, the better remedy would be that you approach the jurisdictional police and lodge a complaint against the financial institution relating to fraud and cheating. Consumer Forum may not have the appropriate jurisdiction to grant you relief. From the brief it looks like a financial fraud and hence filing a criminal complaint would address the issue which you are having. For filing of defamation case you can only approach the civil court and not the consumer forum.

Q: Husband forcing for filing for Mutual Divorce

Im Hindu..i have been married from 2yrs.my husband asked me to give Mutual Divorce. But I didn't agree. He is having external affairs.when I came to know I talked with my in laws.they didn't sort it out.instead they are supporting their son.then I came to my parents house.after one month I Said to my husband ..Leave external affairs..We can lead good life..But he didn't agree ..He forced me to give Mutual..I opposed for mutual..Then he said give me some time ..But after 6 Months he send me Divorce notice in that he put all false alligations saying my wife is having external affairs.She is not taking care of my parents..She is trying to suicide writing death note in my parents names..And also he mentioned in that she may put false dowry case on my family members.. After getting divorce notice I failed FIR under dv act..I'm not ready to give divorce​. If I give mutual I'm a get any maintenance or composition or share from his property..Since I'm working in govt job.bec he is earning mor

Advocate Naman Saraswat answered
Hi, the court would not entertain any divorce petition on the face of it. Upon filing of the petition the court would refer the matter to mediation where the parties would be allowed to discuss and reach an amicable settlement. You can mention the maintenance amount which you feel is required to meet you necessities at the time of mediation. Further if your husband further proceeds with the divorce matter you may file your reply and seek for maintenance. However generally maintenance is given to meet the needs of the women who does not have any source of income. However since you have a job you would have to substantiate your claim of seeking maintenance.

Q: Can a person file for divorce within 5 months of marriage

We have been married for 5 months, it is love marriage against parents wish. Now as we both are not able to live together we are thinking to get divorced. Please explain procedure and is any alimony is included in this.

Advocate Naman Saraswat answered
As Hindu Marriage Act, 1955 no petition for divorce can be filed unless one year from the date of marriage has elapsed. However the courts may consider relax the one year period only in case of exceptional hardship to the party.