Advocate Pavani Kumari

Questions Answered by Advocate Pavani Kumari (400+ answers)

Q: Bank Account Freeze, Need To Unfreeze The Bank Account For Job Purpose

How to unfreeze bank account by a lawyer or from judicial court. Actually I need to give this bank account to company for job purpose

Advocate Pavani Kumari answered
You may seek immediate release of the bank account by first obtaining the freeze order details from your bank, including the investigating agency, FIR/complaint number and the reason for freezing. Thereafter, submit a detailed representation with supporting documents to the Investigating Officer requesting defreezing. If no effective action is taken or the freeze is unjustified, you may approach the competent jurisdictional Court by filing an appropriate petition seeking de-freezing of the account. If the account is required for employment and you have no involvement in the alleged offence, place all supporting documents before the authority/Court, as genuine hardship is a relevant consideration. Do not delay, as prompt legal action significantly improves the chances of obtaining timely relief.

Q: Overcharging of fare by Airindia express

Travelled from Portblair to Hyderabad in December 25, through airindia express when they overcharged me for two tickets violating MoCA circular restricting sir fare to basic fare to 18000/- maximum per person. Email and legal notice already sent, but with no success.

Advocate Pavani Kumari answered
If the airline collected fares in violation of the applicable MoCA fare restriction/circular, and despite your email and legal notice has neither refunded the excess amount nor justified the overcharging, you may institute a Consumer Complaint seeking refund of the excess fare, interest, compensation for unfair trade practice/deficiency in service, and litigation costs. Preserve the tickets, payment records, fare details, MoCA circular, correspondence, and legal notice, as these documents will be crucial in establishing your claim.

Q: query on amendment application format

A consumer complaint is pending before the District Consumer Commission. My IA seeking amendment was returned by the Registry stating it is "not in the correct form of amendment petition." The original complaint has no numbered paragraphs, so paragraph-wise amendments are not possible. Can I file a consolidated amended complaint with an amendment schedule explaining the changes? Is this an accepted practice before Consumer Commissions, and are there any judgments supporting this procedure

Advocate Pavani Kumari answered
> Yes. Where the original complaint is not structured into numbered paragraphs, it is an accepted procedural course to file a consolidated amended complaint accompanied by an Amendment Schedule clearly identifying every addition, deletion, and modification. The Consumer Commission has discretion to permit such amendments if they are necessary for effective adjudication and do not fundamentally alter the nature of the complaint or prejudice the opposite party. Ensure strict compliance with the Registry's objections while refiling, supported by a properly drafted application and amended pleadings.

Q: Plot sold ,I am asking for rectification or cancelation

Dear sir/ madam I sold a property for 42.68 lakh,buyer for his loan in bank he increased value 15 lakh and made agreement of sale and later sale deed for 57 lakh and mentioned increased value as cash in sale deed .I'm unaware of the consequences for cash component at the time of registration and signed the deed.Now my CA is saying u may get notices u better rectify deed by replacing it with bank transfer and do transaction But party not responding fr 3 monthsNow I want to cancel deed legally

Advocate Pavani Kumari answered
> On the facts stated, a registered Sale Deed cannot be cancelled unilaterally merely because the purchaser is not cooperating. If the sale consideration or recitals regarding payment are incorrect, or if the document was executed based on misrepresentation, fraud, or undue influence, you may issue a legal notice and, if necessary, institute a civil suit seeking cancellation/rectification of the Sale Deed. Since the matter may also have income-tax and evidentiary implications, do not delay in obtaining appropriate legal advice and taking timely legal action.

Q: Maintenance Issue - Supreme court judgements copies

My wife is a post graduate and working as a teacher. I filed a Divorce case in 2023 and then she filed a maintenance case in 2024 June soon after my retirement in June 2024. Now she stopped working to get maintenance. As per Supreme court previous judgements, wife can not be entitled for maintenance as she is a post graduate and can earn on her own. Kindly give me the guidance and earlier court judgements in this type of cases please.

Advocate Pavani Kumari answered
Mere educational qualification is not by itself a ground to deny maintenance. However, if you prove through cogent evidence that your wife was gainfully employed, voluntarily resigned after initiation of maintenance proceedings, and is deliberately remaining unemployed despite her earning capacity, the Court may take these circumstances into consideration while determining maintenance. Produce her employment records, salary details, resignation particulars, qualifications, and other relevant evidence. Every maintenance claim is decided on its own facts and evidence.