Advocate Pradeep Kumar Khatana

Questions Answered by Advocate Pradeep Kumar Khatana

Q: Cheque not prestented. Date of 3 month expired

I have cheque of 2019-20. But not prestented to bank. Customer told me that he don't have balance in account. He was agreed to pay payment in cash. But he never paid my payment. Cheque date of 3 month is expired. Kindly suggest. Can i file case against this party

Advocate Pradeep Kumar Khatana answered
Yes you can file a suit for recovery against him. Although there is a Supreme Court judgement in the exclusion of limitation for Covid 19,but the fact of the cheque has to be seen, for filing the Cheque Bounce case also

Q: Evidences not included in the proof of affidavit

Will the court allow to submit evidence if not marked earlier in the proof of affidavit

Advocate Pradeep Kumar Khatana answered
Yes but for that,the person who is producing the evidence has to make the application for the same.In fact, evidence can always be provided at the appellate stage, but the discretion is always in the hands of the court.

Q: cheque bounce given on registry

if the cheque is bounced due to technical error of bank then can the seller pressurise the buyer to do RTGS without signing addendum and returning the original cheque

Advocate Pradeep Kumar Khatana answered
If you cheque has been dishonoured due to the technical reasons, first take your cheque back and then initiate the RTGS. Enter into an agreement for the purpose of making the payment towards the dishonoured cheque through RTGS so that he could return your original cheque.

Q: Payment recovery issue with party

I am doing a small business of IT and Surveillance Product. One of my dealer has purchased material of Rs.1 lakh on credit. Now, he is not picking my phone. I have billed with eway bill method and i have a entry of cheque bounce of Rs.50,000. what can i do now for recover my payment.

Advocate Pradeep Kumar Khatana answered
You mediately file a cheque bounce case by presenting the cheque with the bank, thereafter serve a legal notice under the provision of negotiable instrument act 138 and then file a criminal complaint. For the remaining amount you can file a suit for recovery. If you have all the evidence available surely you will get all the money along with interest.

Q: Regarding exchange of damaged product.

i bought a dinning Table-set of six chairs from a showroom nearby me with a Gst bill costing Rs. 42000 about 19 months ago. After few days, its chairs started moving from joints and I was surprised how can it happen with such a costly item. Hence, I made a complaint to the seller/ company. They considered and sent their carpenter in my presence. He checked and surprised himself that there was no favicol like adhesive inside the joints. Hence, He requested me to take it to the Company workshop for fitting all chairs, well.carpenter also told me that it was a huge mistake on the part of company/seller. I felt sad and angry and sent to the seller back . I sent them a complaint through gmail ,also, about it asking the another new piece instead of this damaged dinning set. But They delivered me again same set with the joint patches. but few days later, Q.1- Can I get my money back or another new dinning Table set ???Q. 2- Can seller get back the exchange new dining Table-chair set ???

Advocate Pradeep Kumar Khatana answered
Of course yes, keep all the evidences with regard to the deficiency in the service/product provided. Kindly proceed to the consumer Court in your jurisdiction under the consumer protection act, you can claim damages for the same.