Advocate Sambit Kumar Das

Questions Answered by Advocate Sambit Kumar Das

Q: Misled us by giving wrong information and registering to a service

Dear Sir, we have been misleaded by an agent for one of the service (Stem Cell Storage).Agent has mentioned saying there is a treatment through Stem Cell Therapy for Rheaumatoid Arthritis and we have opted the service by paying. Later on, we came to know from an Arthritis Specialist as there is no such treatment yet legally.Even the company accepted the same.However, they are now not cancelling our service saying that we have to pay Registration+Processing Fee (Rs.35000) to cancel it.They made us to make the payment as EMI through a 3rd party finance provider and they insisting us to make the payment.Further, the 3rd party provider threatening us saying our credit ratings will be reduced through CIBIL and proceeding legally.Please advise what can be done.

Advocate Sambit Kumar Das answered
Please note that in case you have enough documentation to support the claim that the Stem Cell Storage were availed by you based on certain representations which were false in nature, then you can file a legal notice on them to take appropriate action. Further, your responsibilities on the EMI front shall be dependent upon any kind of commitment given by you to them and documents executed. Basis perusal of the same, appropriate legal action may be perused by you.

Q: Formation of a Society by an AP Gov. Institution and a Japanese Entity

What are the procedures for the Japanese entity to be able to inject fund into the Society planned to be formed for promoting Japanese Culture etc in AP?

Advocate Sambit Kumar Das answered
Dear Sir/Madam,Please noted that before answering the query as posed herein, it would be pertinent to discuss some aspects of such proposed society to provide necessary clarifications.Firstly, the society in question has to be set up under applicable provisions of Andhra Pradesh Societies Registration Act, 2001. Considering the proposed society is planning to promote Japanese Culture, the same shall be duly mentioned in the Memorandum of the Society which shall be duly registered with the appropriate authorities.Considering the proposed society shall receive some funds from a Japanese entity in future, such society should be required to register under the Foreign Contribution Regulation Act, 2010 and applicable rules therein before it can receive such funds. In light of the aforementioned registration requirement, the membership of the Society should also be structured in a way that such registration process is seamless without violation of any applicable laws.After procuring such aforementioned registrations, the Japanese entity can directly send funds as contribution to the proposed society whilst complying with applicable laws in that regard.Please note that I can assist you in setting up of the society (including preparation of its charter documents) and procuring necessary registrations as shall be required for its functioning going ahead.Regards,Sambit