Advocate Payal Raghav

Questions Answered by Advocate Payal Raghav (25+ answers)

Q: Owner not returning Security Money

I lived in Old Rajinder Nagar in a single room. The rent was 15000. The rental agreement had lapsed/expired in March. But i got an extension for 3-4 months. No rental agreement was signed for extension. I informed the owner 1 week before leaving the room. Rent was paid in advance for that month. He did not return the security money of 15000, citing "1 month notice period rule " in earlier agreement. Please help.

Advocate Payal Raghav answered
You can still serve notice, if fair communication done between you and landlord for extension of rent agreement. Terms and conditions which were set in agreement would prevail on extension period because amount of rent, space rights and duties of yours and landlord are same in extension period.

Q: Urgent: Cybercrime Filing and Recovery of Personal Dues

The suspect is in Delhi, while I am in Nagaland. I want to know:Can I file a cybercrime complaint from Nagaland, or do I have to file in Delhi?How do I preserve and submit the chat/messaging evidence?Can a legal notice be sent online to demand repayment and stop harassment?Is it possible to combine the cybercrime case with a civil money recovery case?I would appreciate clear guidance on the fastest and safest legal route.

Advocate Payal Raghav answered
Okay, after understand your grievance best suggestion is that you should file cyber complaint than file civil suit for recovery. yes you have to persue both reason both laws have different approach under cyber law recovery of money may be not happened but under civil suit it's possible, before filing civil suit for recovery a legal notice could be sent. You can preserve electronic evidence as save them in computer/laptop or may get printout equally.

Q: Court fee for eviction from joint property

Court fee for eviction of tenant is usually calculated on rent for 12 months. But, in a joint property, if one joint owner wants to evict a tenant inducted by other joint owners, what is the court fee for eviction? Is it still calculated on rent for 12 months or is it calculated on market value of property? If anybody dealt with this issue, kindly answer with reasoning.

Advocate Payal Raghav answered
If one joint owner wants to evict a tenant inducted by other joint owners even than court fee would be calculated on rent of 12 months. Court fee calculated on value of property purely in civil matter and to administer pecuniary jurisdiction of civil courts.

Q: Unknown People abusing and threatening on WhatsApp

Hi,There are multiple threatening calls on my WhatsApp from different persons who are abusing me and threatening me. From what I have understood someone has given my number to them after their quarrel on a video game and they think that person is me without even knowing my name or background. They are calling and messaging me from different numbers. Their abuses are highly racial and they are threatening me with harm. I have filed a cyber cell complaint but nothing has happened yet.

Advocate Payal Raghav answered
it's good that you already given complaint at cyber cell. Now, you need to follow up on complaint from cyber cell. If threatening calls still coming again inform to cyber cell in continuation of previous complaint. You can also file FIR for threaten and harassment

Q: Consumer Case enquiry in simple language

In a consumer case, what are the next steps after the opposition parties submit the written version?

Advocate Payal Raghav answered
Next step is suppose to be filed evidence along with exhibits and witness from both sides. Than examination-of-chief will be done. Than cross examination done. Lastly, argument will be done. Than Judgement will be delivered.