Advocate Om Prakash Saxena

Questions Answered by Advocate Om Prakash Saxena

Q: Given the cheque of 3.2 lacs but party not return the amount

I have given the cheque of 3.2lacs but party has not returned and I file the case.Now party has come with fake witness in the court and claimed that "i have given the money in cash and in account of that they have given the cheque"nNow what is the solution

Advocate Om Prakash Saxena answered
Generally what happens in case of cash payments is not allowed more than 20,000 so in your case it is noted that you are saying your party has given you a loan of Rs.3,20,000 but in fact that is not a true all transaction more than 20,000 is totally illegal as per income tax act so you can question them share as a proof of making the payment of in cash or any receipt if they have taken from you or any banking transaction of withdrawing the amount in the same day when they was giving the loan to you of Rs.3,20,000 as well as also check their ITR is showing they have a sufficient cash balance on that day to prove that they can land money in cash so this is totally fake and nobody can provide loan in cash so your case is very strong thank you contact me

Q: Bank siezed car auctioned off but not transferred in the name of buyer

I had purchased a commercial car WahonR on bank finance and was unable to pay the EMI's for the same after a while. Bank called me for a meeting in this regard and at the meeting asked me to handover the car to them if I was unable to pay the EMI's. I did it and they asked me to give them in writing that I am surrendering my car as I am not able to pay the EMI's along with original documents. I did that tooLater they auctioned the car at too less of it's actual value and are now hounding me to pay another 150000 INR. It has been more then an year since they sold off my car but it is still in my name and the ownership of the car has not been changed or transferred. Now I am unable to pay the bank due to me being jobless and also worried what if the car gets in some accident or get involved in some unlawful activity will I be responsible?nnPlease advice what should I do in this regard.

Advocate Om Prakash Saxena answered
Why you should file a case against them as they that a recovery team has mislead you and cheated you after saying this that your loan will be closed after getting or sending your car but they have not close your loan and still your loan is showing in your name as well as your car is also in your name so in this case a fraud case is to be filed by you in the name of bank and recovery team so that you can be free and you can also file a compensation against them for breaching of trust and misleading you and cheating you under section 420 of IPC

Q: Wife & her parents threatening to file divorce case against me

Dear sir I am getting married last year as per Hindu law and at that time my qualification in bio data shown is BTech engineer and I am also doing my job as an engineer and spend so much on my wife I have my bank transactions proofs also but That time I didn’t tell that my 2 exams are not clear none her parents asked me before marriage but after 10 months of marriage my wife came to know that my exams are not clear now she and her parents threatening me to file divorce case against me or else give my marriage expenses..sir I am also able to give my exams and I will clear this time but they threatening me and also using abusive language is this the reason of divorce? What should I do now.?

Advocate Om Prakash Saxena answered
this side advocat mandeep sing we have satudy your इन्क्वायरी we came to cunclusion that your education not a ground for फिलिंग a divorc so you can chalenge and seek remidy if in case your wife and her parents file divorce in a court and tell us your where is your case is filed and if यू anytipe of help in case connect us

Q: Neighbors harassment: cut electricity connection to water pump

HiMy senior citizen parents are living alone in Delhi in 2nd Floor and a property case is going on with our 1st floor neighbors. Last week they went outside to another for one week for traveling and on coming back found that our electricity connection with water pump is cut. Electrician we called said that the neighbors had disconnected the connection by cutting the wire. Now we cannot turn on the water pump to get water to 2nd floor and cannot lift water in mornings and evenings. What can we do to complain on this, we can install second wire but again they can cut it if my parents go for short time.

Advocate Om Prakash Saxena answered
Dear sir you can file the complaint against your neighbour under the section 425 of IPC which define harassment through mischief and you can also ask the compensation. Advocate Mandeep SinghDelhi High court

Q: Impact on NDCRC case when 2nd project of same Builder company in NCLT

Hi,Under one company name, Builder has two projects running A & B for which possession was due in 2011. Project B is in NCDRC and waiting for final hearing as it couldn't happen due to Covid. Somehow Project A people moved to NCLT just now.Now, my question are - 1) Since both project are independent but company name is same so will there be any impact of NCLT proceedings (Project A) on NCDRC case (Project B). 2) What Project B people should do in this situation as they strictly want to get the order from NCDRC only?3) How much time NCLT generally take and will there be any adverse impact on NCDRC case even in routine hearing of NCLT happens (can Builder halt the NCDRC proceedings?)

Advocate Om Prakash Saxena answered
No builder Cant halt NCDRC proceedings, NCLT takes atleast 6 months to 1 year time for case if strong points in ur favour then u will lead case, for furhter details call me advocate mandeep singh delhi high court i will help u in this matter also