Advocate Priyanka Prasad

Questions Answered by Advocate Priyanka Prasad

Q: About problem with mobile and not working within a warranty period..

So I have purchased Micromax in 1 Mobile and it have many problems in it and not only with my Mobile almost with every mobile this problem is occurring so can put legal case against Micromax for this poor quality service ?

Advocate Priyanka Prasad answered
Yes you can. You can file a case before the relevant consumer forum for any deficiency in service. you can file a complaint before the dustrict consumer redressal forum for adjudication of the dispute. However make sure you send a legal notice first and make them aware of the issue and give them an opportunity to respond and resolve and compensate you before you knock the doors of the Court.

Q: My notice period is 2M but my current employer asking me to work 3M

I got a good opportunity, So I have resigned on 24th October 2021. As per my appointment letter my notice period is 2 months only. I have to be relieve on 24 December 2021. But my HR and managers asking me to work three months. It means till January-2022 and HR is telling me that my replacement candidate is going to join in january-2022 only, forcing me to work one more month extra after my notice period.Please suggest me, how to come out from my current organization as I committed relieving date 24th December 2021.

Advocate Priyanka Prasad answered
Please go in terms of of your appointment letter. You are not obliged to work beyond your notice period. As long as you do not agree to stay for another month out of your own volition, your employer cannot force you to stay. If you are willing to stay for another month upon the request of your current employer, beyond your notice period, ask your employer to pay you the difference of amount that you are receiving in your new role above your current salary. This is subject to if your new employer agrees to extend your joining date.

Q: Regarding road to access to my land

My mother owns a land which is located at a distance of 100 meters from the main road. In between my land and road a neighbor's land is there. There is no direct approach road to reach my land, I have to walk only through neighbours land. He permit to use his land for walk only but not ready to give it in written. I requested him for road and against that i am ready to transfer equal land from my area but he is not agree. I requested to pay for the cost of land required for road at market rate but he is not ready. Please guide me how I can get right approach road to myland

Advocate Priyanka Prasad answered
Under the easments act, 1882, you have a right of way thither over your neighbour’s land for the beneficial enjoyment of your house, unless that is the only way and there is no other way.It doesn’t have to be in written. You have an easement right and he is obligated to provide you the way. If he obstructs you in any way, you can approch the court.In case you go on and buy that land, your such easement rights will extinguish and you will become the owner of the land

Q: Original marks card retained and not returning back

I have joined a medical college recently, they asked me to submit original marks card or else they will hold my salary. I submitted. After a day i decided to not continue my career with the institute. Only 5 days i worked there. I sent mail of non acceptance of appointment. Also requested to send my marks card back to my postal address. Now they are forcing me to come there in person and collect the document. I am worried they may harm me. Cant i request to send the documents through post? . ( They are saying if sent through post the document may lost). Please let me know how to get my documents without going there in person.

Advocate Priyanka Prasad answered
If you don’t want to collect your documents in person, you can ask them to send your marks card through registered postal service and to send you a receipt and tracking id. Registered postal services are reliable and used by government agencies and you can track your documents. If you are threatened of any bodily harm or injury by any person of the institution, you can also file a police complaint in your local police station in that regards.

Q: Startup Loan and Unpaid Contract

I was the co-founder and director of a startup that is now being dissolved. I had given a loan of 2 lakhs to the company and I have the paperwork for it. I was also not paid for 2 of my contracts, one as a freelancer and 2 as a CTO.Region: Bangalore, Karanataka, India

Advocate Priyanka Prasad answered
If it is a voluntary liquidation, please pass a resolution and file a winding up petition before the NCLT. A liquidator will be appointed who will then distribute the assets among the existing creditors and other stakeholders. In accordance to the SC judgment employees dues stand in pari passu with secured creditors therefore upon distribution of assets, you are entitled to receive your dues (if you are a secured creditor) and as an employee(CTO) in priority. An application can be made for the same before the NCLT