Advocate Priyank Singh

Questions Answered by Advocate Priyank Singh

Q: Nappets online shopping located in Delhi

Nappets AKA Sudesh Arts and Crafts pvt. ltd, located in Delhi, who sell pet items and pet medicines on Amazon and on their website, take orders and do not send the product nor return the money. I have been following up with them for the refund via my bank and emails to them and razorpay (medium they use to take payments) and also WhatsApp but they are not responding into returning the money. How can I file an FIR against them via email in Delhi for action against them?

Advocate Priyank Singh answered
In this scenario, lodging a First Information Report (FIR) is not required. Instead, you may initiate proceedings by filing a complaint with the consumer forum. Doing so will facilitate the return of your funds, accompanied by compensation to account for any inconvenience endured

Q: fail to deliver goods after taking payment

we have a deal of product called sago they requested us to pay half payment so they deliver goods so we agreed and pay half amount to him and remaining amount on order deliver he also agreed on this all but now he dont recieve our calls. What we do now pls suggest something

Advocate Priyank Singh answered
Do you possess a written agreement? If so, that would be beneficial. Have you made the payment in cash? This pertains to a breach of contract, and indeed, you have the right to file a complaint against the dealer

Q: Company will take the action if i left the company

Hello,please help me, in current company I was join as trainee at the hiring time it took me 3 lakh rupees cheque as security and sign the bound of 4 year and as a current CTC i am not able to survive here because I belong to kanpur so it was difficult for me.Please give me suggestion .

Advocate Priyank Singh answered
I hope this message finds you well. I am reaching out to discuss the matter of resigning from your current position and the associated employment bond.Firstly, it is important to note that the enforcement of such bonds, commonly referred to as bond breaking amounts, is not legally binding as per the Contract Act in India. These agreements are considered in restraint of trade and are therefore not enforceable.In the event of resigning from your current employment, there are several scenarios that may unfold:Voluntary Departure with No Action: In this situation, the company may choose not to take any action, resulting in a smooth exit for the employee without any repercussions.Voluntary Departure with Salary Hold: Some companies may opt to withhold a portion or the entirety of the final settlement salary, including items such as gratuity and leave encashments, as a means of enforcing the bond.Legal Action to Restrict Departure: Companies may pursue legal avenues to prevent an employee from leaving and may take the matter to court. However, legal proceedings can be lengthy and require the company to demonstrate direct costs incurred due to the employee's departure. Courts typically rule in favor of the company only if the terms and conditions outlined in the agreement are deemed reasonable. Notably, penalty clauses in agreements may render them unenforceable.Recommendations:In the majority of cases, the second option (withholding salary) is the path taken by companies. Therefore, careful planning of your exit is essential to minimize the risk of facing withheld salary.However, it's crucial to consider the unique circumstances of your position within the company. If your role is highly specialized or irreplaceable, the likelihood of legal action decreases, as pursuing legal recourse for every departing employee becomes financially impractical for the company.In such situations, open communication with the company, proposing a reasonable notice period for your departure, is advised. Mutual understanding is often the most effective way to navigate such scenarios.It's worth noting that choosing this approach may present challenges in obtaining necessary documentation such as experience letters and employment relieved letters. These documents are often required by prospective employers as evidence of your professional background.Should you have any further questions or require additional guidance, please feel free to reach out.Best regards,Advocate Priyank Singh

Q: How can I recover my amount and what action can take.

Sir, I give 70000/- online to a person. He gave me 70000/- rs cheque but the cheque has bounced two time. Please advise me what can I do now and what legal action can take against him.

Advocate Priyank Singh answered
Cheque Beneficiary issues the Cheque bounce notice by the registered post to the defaulter within a period of 30 days of cheque dishonor. The cheque bounce notice must be in a proper format consisting information regarding the transactional nature, the amount involved, the date on which cheque deposited with a bank, cheque bounce date, the reason of cheque bounce, and beneficiary made the payment request within 15 days.Within 30 days from the expiry of the notice period of 15 days, the payee can file a criminal case in a court in case of cheque issuer made default in payment.