Advocate Sanyam Jain

Questions Answered by Advocate Sanyam Jain

Q: Hired packers and movers to shift luggage delayed possession for month

I used a packers and movers service to shift my luggage fro Bangalore to Pathankot. I uploaded my luggage on 2nd of December and till date it has been almost one month and he is delaying the date of delivery. He has told me that the consignment will be delivered day after tomorrow. I need assistance as to what can I do in this matter ?

Advocate Sanyam Jain answered
You should file consumer case against movers and Packers against deficiency in services. You have to file some documents like bills, receipts, mails , etc . Case would be file where movers and Packers office situated .

Q: Filing of rape case on the basis of promise of false marriage

Hi am married woman, i meet a boy named  in 2010. I have a doaugter also is now 8 years old. I was vey updet due to my family problems, generaly my husbamd bit me or wo maar pitar gali gloch k sath. That time the boy come to know that i am emotionaly so weak and need some supot. Usne muje directly love bola or kha ki wo hmesha sath dega or muje yha se nikal kar shadi krega. pta ni in 7 salo me usne kitni baar mujse s*x kiya. last year uski govt job me bhi help ki mane apne known ko bolkar or 50,000 diye job k liye. Ab wo muje galiya deta ha, randi rand or maa bahan ki bta bi nhi skti mai yha. He asked me to sucide ki mere jasi ko jahar kha kar mar jana chahye. Mere character ko gnda btata h and planning to marry with other girl. usne meri life har tarh se barbaad kar di, har jagh badnaam ho gai hu m. mahila aayog gai thi wo kisi lawyer se baat krne ko bole or RAPE CASE k liye. But s*x merei mrzi se huaa tha.usne kha tha mai agar nikal nhi skunga to kisi or se shadi bi nhi krung

Advocate Sanyam Jain answered
Sorry mam but you can't file rape case because at that time you are mature enough and can think the consequences of this relationship ... furthermore there is delay of 7 years which creates suspicion in your own case and there is no evidence against that person.

Q: Cheque got bounced, tenant not repaying the amount

Outstanding rent was shared by a check which got bounced due NSF. I have informed tenant over phone, every time he is asking time and request not to resubmit check. Already 1 month gone by and he asked me for 1 more month, which I am sure he will not pay. Tenant have vacated house last month itself. Also his bank have stopped issuing check book due to his repeated defaulter. What do I need to do now?

Advocate Sanyam Jain answered
Sir, if you know the address of said defaulter then you can prosectue him under cheque bounce case but you have to bounce the said cheque again to give fresh cause of action because once the cheque got bounced, you have to send notice within 30 days from bank memo ... So do immediately

Q: Builder not returning advance money how to claim for it

We booked a flat in January 2017 in indirapuram ghaziabad and paid 5.8 lacs out of 58 lacs in advance. As per agreement signed between us on Rs. 100 stamp paper signed by notary, if builder fails to do registry by may 2017, he will pay double the amount of advance money and we as a purchaser has/ have to pay all money before registry otherwise our money will be forfeited. The flat is still incomplete as of 1st July 2017. From our side, loan was ready in March 2017, valuation of building was done on 14th June 2014 as building was incomplete. Quality of was also a major issue and several times we talked to builder about this. We have pics and videos of poor plaster work. We paid 10% in advance and rest was arranged from our side. Now we have changed our mood due to delay and poor quality, initially builder and dealer assured us that our money will be refunded, but when we visited builder office, they declined. They are not ready for refund. What to do?

Advocate Sanyam Jain answered
Sir if you have agreement or MOU and bank statement or cheque which reflects that you have already paid 5 lacs then you can sue builder in consumer courts for deficiency in services on the part of builders or suit for recovery under civil laws

Q: How can I file Cheque Bounce Case Filing without original Cheques?

Dear Sir My client had issued two cheques(total amount Rs. 97000) to me for my services. I presented those cheques on 15th April 2017 and they got bounced. I again presented them on 28th April 2017 but they again got bounced due to insufficient funds. Now once the cheque is bouned, my bank(ICICI Bank) sends those cheques via courier to my home. I received those cheques but after that they got misplaced from my house. Now I want to file a cheque bounce case against my client. Is it possible?

Advocate Sanyam Jain answered
if you have details of cheques and bank returning memo then you can only send demand notice under the provisions of 138 NI act but you cannot file case because original cheques and memo must be shown at the time of filing of case which is not possible as you said