Advocate Nishant Awana

Questions Answered by Advocate Nishant Awana

Q: Insurance rejected by religare for a clerical mistake done by hospital

My father had undergone a heart surgery, and he was covered under insurance by religare. While admission in hospital a junior doctor mentioned in the notes that patient was smoker, However he is not a smoker, i also have this in written from hospital in their letter head that it was a clerical mistake. However my insurance provider is not ready to understand the fact that patient was not a smoker and they have rejected the claim stating patient is smoker. Can this be taken to the court?

Advocate Nishant Awana answered
A consumer complaint seeking compensation and stating deficiency in services, can be filed before the appropriate forums. the insurance companies have made it a policy to reject claims of the consumers on very small and pity issues. We will have a good case on merits.

Q: Interest payment under Subvention now builder not paying

I purchased Amrapali under construction flat September 2015 thru subvention plan per which Amrapali was supposed to pay interest for first 36 months. home loan was through Andhra Bank disbursed 10% in November 2015. Amrapali paid monthly interest till April 2017 and nothing after that. Andhra bank has been chasing me for the interest and has sent a legal notice to me recently for me to pay the interest charges and threatening to file.andhra bank presented surety cheques which were rejected in my bank.I have a legal agreement with Amrapali as per which they are supposed to pay interest till august 2018, on the other hand bank loan with Andhra bank is in my name.Should I not pay the interest as I have a legal agreement with Amrapali.The problem is that there is no agreement between the bank and Amrapali, and as per the bank I am liable to make the payment.I have filed for IRP as Amrapali has filed for Insolvency. all this should be resolved in the next 180 days.Till then what should I do

Advocate Nishant Awana answered
In light of these developments, for now you can talk it out with bank and, try and stretch this for next six months. Wait and watch what happens in Amrapali issue. On merits, the bank will file a case against you (for sure, under the agreement between you and the Bank) and you may in turn file a suit against Amrapali seeking payment of the interest amount under the agreement between you and Amrapali.

Q: Procedure in case wife misbehaves and her act of adultery

I am in army and Hindu. I married on 2 jul 2017. My wife stay with me only 14 days. After that she came once in my home and now in her home with ex with node of her family. I came to know it only by phone and vedio calling. Whenever I tried to discuss she always blame me that I am not fulfilled her desires. She asked proof for it. She threatening me that ' m garib maa baap ka eklota Sahara nhi chheena chahti ' as I am only earning member of my family. Now she sometimes said ki sab aadha kar Lena h . Kabhi kahti h ek sal k Ander joining letter leni h army me. Kabhi kahti ki ek ek paise ka hisab le Lena h. Kabhi kahti h ki tumne meri jindgi krab kar di h . As I am in mental agony I said her I will suicide then she Muje kya milega tumari sister ki ache see Saadi ho jayegi or tumari maa baap bhi ache see rhenge. Usne mera phone bhi track karwana suru kr diya y. M ijjat ki vjah se kuch ni kar pa rha hu . Jan Maine apn Ghar bat ki to vo bolte h ki ham bat karenge. Pl help sir

Advocate Nishant Awana answered
Dear Hon'ble Army Man My sympathises with you for the acts of harassment that you are being subjected to. I am unable to understand the story that you are posting here. The grammar / language is not understandable to me. I am well conversant with Hindi and English. Please post your query once again in proper language. Please excuse me for this. Regards

Q: Can father ask for alimony from children

Hello Sir/Madam, My father is pressurizing me to give alimony for their daily needs,25% of my salary.He is economically more strong than me.But he is not accepting and sending so much letters asking for alimony.Currently I am not in condition to give such money and truly I do not want to give him money because he is more stronger then me currently. Currently I am doing private job and working in Delhi and my father live in Deoria(Uttar Pradesh). He is threatening me continuously for the alimony and said Indian law has this facility to give alimony to father. Is there any such type of law?What can I do in this?

Advocate Nishant Awana answered
Yes there is a law which aims to protect the old age people and it's called as Maintenance and Welfare of Parents and Senior Citizens Act, 2007.Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislation enacted in 2007, initiated by Ministry of Social Justice and Empowerment, Government of India.,[1] to provide more effective provision for maintenance and welfare of parents and senior citizens. This Act make it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance.

Q: Can a widow women ask for maintenance from in-laws

hello sir, My question is can a widow women ask for maintenance yearly or monthly from his in laws or not for herself and children, in both way money or in property wise. thanks you.

Advocate Nishant Awana answered
Yes, a window can claim maintainence from her father-in-law if her FIL is in possession of her husband's self-acquired property or his share in the undivided family. There are many judgements in support of this.