Advocate Rhea Luthra

Questions Answered by Advocate Rhea Luthra (50+ answers)

Q: Notice to respondent should be given within how many days

What is the time period to reply to a legal notice sent by the opponent advocate?

Advocate Rhea Luthra answered
Under law, there is no specific legal notice time limit prescribed for replying. Generally, the notice itself specifies the time limit to reply to a legal notice. If no time frame is mentioned, a reasonable period would be within thirty days of receiving the notice or before the filing of a suit. In case of any other queries, please feel free to contact.

Q: Legal Action Against Bank for Service Deficiency: What Are My Rights?

I have had various relationships with the bank, including a savings bank account, credit cards, personal loan, and merchant relationship. However, the bank withheld my payout, leading to non-payment of credit card dues. Consequently, hefty interest and penalties were charged. Furthermore, the bank blocked my savings account, resulting in dishonored EMIs for other loans, leading to additional penalties. The bank has harassed me through recovery calls and agents.What are my options for legal action against the bank? Can I file an RBI complaint or a case in consumer court?

Advocate Rhea Luthra answered
You can either file a recovery suit in civil court or a consumer case before the consumer commission (state or national depending upon the amount of recovery) or you can file both simultaneously. You should definitely take immediate action against the bank and get your hard earned money back.

Q: tenant not vacating room after rent agreement is finished

our agreement finished in june2021, single room occupancy, on 10th aug was last date to vacant , tenant called police , what should we do now, we dont want to continue. He paid half amount of rent till date, and trying to convince for staying 7 more months. We cant trust ,kindly advise

Advocate Rhea Luthra answered
The lease shall be terminated by you and you should take back the possession of your property by giving a notice for eviction. However, if he still does not leave you will have to take assistance of the Hon’ble Court. Since, he has called police once it is advisable that you take your steps carefully and after due consultation.

Q: Cheque bounce case and recovery suit

I have filed a cheque bounce case and recovery suit on the same cheque amount. My question is if in the recovery suit i win and court award me amount and interest what will happen to the ni 138 case can the accused be sent to jail in ni 138 even if i get amonunt is recovery suit or it will be disposed off ?

Advocate Rhea Luthra answered
It will be disposed off as per your terms of settlement. Likelihood of the person being sent into jail is extremely less. The maximum punishment that is awarded is double amount of cheque. However, I will be able to guide you better on knowing the facts of your case in detail

Q: Cheque has bounced what should be sone now legally

Cheque issued to me is bounced.in how many days should i file a case or send a legal notice.

Advocate Rhea Luthra answered
In the event a cheque has been bounced, the primary action to be taken is to inform the other party about the same and asking them to pay the cheque amount by sending a legal notice under section 138 of the negotiable instruments act