Advocate Rana Prashant

Questions Answered by Advocate Rana Prashant

Q: Cheque given by buyer bounced & now he is denying to buy the property

sir, we have sell a plot on 5th nov and purchaser gave us a cheque of 50000 as token amount and made agreement with us. now the cheque has been bounced and purchaser is not agreed to buy. so please help me can i file a cheque bounce case against that as per notice earnest money will be fort fitted but that money is in form of cheque. regards dharmender

Advocate Rana Prashant answered
Yes you may do so. As per the agreement if it's written that he does not buy that property within stipulated time, then you have right to forfeit that earnest money. So by that sense he now owes you that money and you can file a complain u/s 138 of ni. You need to demand money within 30 days from cheque bounce or else this right will go

Q: Compensation for delay in delivery of house by builder

Is it true that compensation for delay is awarded only to those who go legal against the builder? We have invested in a flat and few of the members are going legal. They are saying the ones who don't join in will not be compensated

Advocate Rana Prashant answered
To some extent it is as those who are going consumer can demand compensation and other compensations. However if you don't go you are only entitled to compensation as per the agreement with the builders which is quite less then what you might get from consumer court

Q: Builder Project not completed what legal action can i take

I had booked a 3 BHK apartment in April 2012 with a reputed builder and made the complete payment in advance itself. Now, the construction is still not complete and has stopped now. It has also been informed that owners (builders) are in legal troubles. There is no responsible person to answer queries. Kindly suggest course of action.

Advocate Rana Prashant answered
You can file a complaint under consumer protection act before consumer forum. Your complaint will be filed depending upon how much your claim will be. These days delay in project by the builders is very common n even supreme Court has made sure I recent cases that builders compensate adequately to consumers.

Q: Company not paying salary and not relieving before notice period

Hi, My company hasn't paid salary for the last 2 months (July & August). It is a private limited company registered in Delhi. I have a 3 month notice period as per my agreement but do not want to continue because of lack of payment of salary. They are however not agreeing to relieve me early nor are committing to pay past salary or future notice period salary. What options do I have here ?

Advocate Rana Prashant answered
For recovery of salary either you can file a recovery suit or you can also claim under shops and establishment act. Civil suit takes time to resolve. However under shops and establishment it's little quicker

Q: Company delivered expired products Can I take any legal action

I ordered three facewash from flipkart all of them are expired can I sue the comapany and they are not even escalating the issue

Advocate Rana Prashant answered
Definitely you can sue them. You need to file complain in district consumer forum against the company under the consumer protection act. Send them legal notice and then file the complain. However kindly see if they have any regional office nearby you in order to determine the jurisdiction.