Advocate Nataraja KS

Questions Answered by Advocate Nataraja KS (200+ answers)

Q: On information about QNET marketing

I need to know about is the QNET is legal in kerala or india and the recruiters are saying that the refund options are there so it is not a scam and there were people's who were luxurious by this scheme and the agency has tax paying

Advocate Nataraja KS answered
‎Hello Good morning ‎‎ QNET is not banned throughout India, but its activities have been the subject of numerous investigations and complaints. Whether a particular QNET operation is legal depends on how it is being conducted.‎Key points:‎Direct selling is legal in India if income is primarily earned from the sale of genuine products or services.‎A pyramid or money-circulation scheme is illegal under the provisions of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and other applicable laws.‎The fact that a company:‎offers a refund policy,‎pays taxes, or‎has some successful members,‎does not automatically prove that the business model is legal or risk-free.‎Indian police agencies and enforcement authorities have, over the years, registered cases against QNET-related activities in various states alleging cheating, misrepresentation, or pyramid-style recruitment. However, the legality of specific allegations depends on the facts of each case and court findings.‎ Before joining QNET, ask:‎Are earnings mainly from selling products to customers?‎Or are earnings mainly from recruiting new members who pay money to join?‎Is there pressure to invest large sums upfront?‎Are income claims supported by written evidence?‎‎ If the primary focus is recruiting people and collecting joining money, it may raise legal concerns.‎‎Thank you

Q: 16year old duaghter need divorce from parents

My daughter studying 2nd puc and her behavior is not good from 9th std, we are correcting her but she not listening our words, she always shouting at parents, and always she refusing us, now she moveing from out of house to leave independent life in the society. So in this situation what parents need to do?

Advocate Nataraja KS answered
Dear sir/Ma'am ‎If your daughter is studying 2nd PUC and showing anger, shouting, refusing to listen, or wanting to leave home, the situation should be handled carefully and calmly. At this age, emotional stress, peer pressure, relationship issues, academic anxiety, social media influence, or a feeling of lack of freedom can strongly affect behaviour.‎ Some practical steps parents can take:‎Avoid constant scolding or comparison‎Repeated criticism usually increases rebellion. Try to speak without anger, threats, or humiliation.‎First understand the reason behind her behaviour‎Talk privately and patiently. Ask:‎Is she under stress?‎Is there any friendship or relationship issue?‎Is she feeling controlled or misunderstood?‎Is there depression, anxiety, or emotional disturbance?‎Keep communication open‎Even if she shouts, parents should avoid reacting emotionally. A calm response helps more than arguments.‎Involve a trusted person‎Sometimes children listen better to:‎elder sibling,‎relative,‎teacher,‎counsellor,‎family friend,‎mentor.‎Professional counselling can help‎A psychologist or family counsellor can identify emotional or behavioural problems early. This is often more effective than punishment.‎If she wants to live independently‎Since she may still be legally dependent if under 18, parents can:‎try mediation and counselling,‎maintain contact and emotional support,‎avoid forcing confinement or violence.‎If behaviour becomes dangerous‎If there is:‎self-harm threat,‎violence,‎substance abuse,‎influence of dangerous persons, parents may seek help from:‎child counsellors,‎women & child welfare department,‎police only in serious safety situations.‎Under Indian law, parents have guardianship responsibilities, but emotional handling is usually the best solution unless there is immediate danger.‎Thank you

Q: Commercial tenant not paying rent for 3 months

New tenants took over the inventory of previous tenants. They have not lodged the rental agreement since November and now have not been paying rent for 3 months. They don’t respond to calls. They are a big well know supermarket chain. The tenancy agreement has not been lodged as they have not signed it. What are my course of action.

Advocate Nataraja KS answered
‎Hello good afternoon ‎‎This is a serious commercial tenancy default. Let me break it legally and practically.‎ First Legal Position‎Even if no written agreement is signed:‎ If they are in possession and conducting business,‎ And you allowed occupation,‎Then tenancy by conduct (month-to-month tenancy) is presumed under property law principles.‎So they cannot escape liability saying “agreement not signed.”‎They are liable to:‎Pay rent‎Pay mesne profits (use & occupation charges)‎Vacate if default continues‎ Your Course of Action‎1️⃣ Issue Legal Notice Immediately‎Send a strong legal notice demanding:‎Arrears of rent (mention exact amount)‎Execution of tenancy agreement within 7 days‎Payment within 15 days‎Failing which → termination of tenancy‎Notice should also state:‎Possession is unauthorized if rent not paid‎You will initiate eviction and recovery proceedings‎Serve to:‎Registered office of company‎Local branch‎Email (if available)‎For big supermarket chains, head office legal team usually responds once notice is served.‎2️⃣ Terminate Tenancy (If No Payment)‎If no response after notice:‎Serve termination notice under:‎15 days (commercial monthly tenancy)‎After termination:‎File suit for eviction‎Claim arrears‎Claim mesne profits (higher than rent)‎3️⃣ File Suit For:‎Eviction‎Recovery of arrears‎Mesne profits (damages for illegal occupation)‎Interest‎Since it’s commercial property, court will treat it strictly.‎4️⃣ Very Important ‎DO NOT:‎Lock the premises‎Disconnect electricity illegally‎Remove goods‎Obstruct business physically‎That can go against you.‎5️⃣ If Inventory Was Taken Over‎If they officially took over previous tenant’s inventory:‎That shows:‎Acknowledgement of possession‎Commercial continuity‎That strengthens your case that they are lawful occupants and liable to pay rent.‎ Strategic Advice (Because It’s a Big Chain)‎Big supermarket chains don’t want:‎Litigation‎Reputation damage‎Commercial eviction‎Once legal notice is issued to Head Office, 80% chance they settle.‎ Important Questions‎Which State is the property in?‎Was any email communication about rent agreed?‎‎‎Thank you

Q: Unlawful holding of money and malpractice

I had invested in MobiKwik about 4 years back and I was receiving 1% interest per month with an option to withdraw my entire money at any time. Due to change in regulation, they changed they plan without informing me and refused to return my money inspite of writing and calling multiple times. I reached out to Ombudsman and filed a complaint but they lied to Ombudsman saying they kept me informed. I have all the proves where it was mentioned in their FAQs that they changed plan without consent

Advocate Nataraja KS answered
‎Hello Here is your case‎‎ File Consumer Commission Case (Strong Option)‎You can file complaint before:‎District Consumer Disputes Redressal Commission (where you reside)‎Grounds:‎Deficiency of service‎Unfair trade practice‎Unilateral change of contract‎Failure to refund despite withdrawal clause‎You can claim:‎Refund of full invested amount‎Interest‎Compensation for mental harassment‎Litigation costs‎Time limit: 2 years from cause of action (delay can be condoned with proper application).‎ Send Legal Notice First‎Before filing consumer case, send a formal legal notice demanding:‎Refund within 15 days‎Clarification on regulatory change‎Proof of prior notice to you‎Often fintech companies settle after legal notice.‎‎ Civil Suit (If Amount is Very Large)‎If investment amount is high, ‎you may file:‎‎Thank you

Q: Car Rental Dispute: Misleading Insurance & Forced Payment

I rented a car in Goa and was informed it was insured, but no documents or agreement were provided. After an accident, I was discouraged from using insurance with misleading claims that it would increase costs and require travel. I was pressured into paying ₹73,000 within a short time. I have payment proof, estimate, chats, and a voice message. I seek advice on refund and legal action under the Consumer Protection Act, 2019.

Advocate Nataraja KS answered
Hello good morning.‎This is a clear case of unfair trade practice and deficiency of service under the Consumer Protection Act, 2019.‎Based on your facts:‎No written agreement provided‎Insurance promised but not transparently disclosed‎You were discouraged from claiming insurance using misleading statements‎You were pressured into This is a clear case of unfair trade practice and deficiency of service under the Consumer Protection Act, 2019.‎Based on your facts:‎No written agreement provided‎Insurance promised but not transparently disclosed‎You were discouraged from claiming insurance using misleading statements‎You were pressured into paying ₹73,000‎You have documentary and digital evidence‎You have a strong consumer case.‎ Legal Grounds Available‎1️⃣ Deficiency of Service (Section 2(11))‎Failure to provide proper documentation and transparency.‎2️⃣ Unfair Trade Practice (Section 2(47))‎Misleading you about insurance and pressuring payment.‎3️⃣ Coercion / Misrepresentation (Contract Law principles)‎If payment was made under pressure or false representation.‎ ‎ What You Can Do Now‎Step 1: Send Legal Notice (Immediately)‎Demand:‎Full refund of ₹73,000‎Copy of insurance policy‎Rental agreement copy‎Repair bills & assessment proof‎Give 15 days time.‎‎Step 2: File Consumer Complaint (District Commission – Goa)‎You can file before the District Consumer Disputes Redressal Commission, Goa because:‎Cause of action arose in Goa‎Service provider operates there‎You can claim:‎₹73,000 refund‎Interest‎Compensation for harassment (₹50,000–₹1,00,000 depending on facts)‎Litigation costs‎Step 3: Police Complaint (Optional but Strategic)‎If pressure or threats were used, file complaint for:‎Cheating (BNS provisions)‎Criminal intimidation (if applicable)‎Sometimes police complaint pushes settlement.‎