Advocate Shambhavi Sharma

Questions Answered by Advocate Shambhavi Sharma

Q: Is the case is admissible or not in the NCDRC

Its an proprietorship firm involved in construction business, there is case of deficiency of service from bank side, the claim amount is more than 2cr. , the party approached to district forum, but the forum rejected by stating that it is out of pecuniary jurisdiction of district court, in this matter can party approach to National forum ? is this the case of consumer court or commercial court ?

Advocate Shambhavi Sharma answered
Essentially a consumer dispute is only maintainable in cases when there's a personal use element involved So a commercial dispute is maintainable Further as far as pecuniary jurisdiction is concerned The Hon'ble NCDRC does have the jurisdiction to entertain the disputes over 2 crores

Q: Recovery of advance payment made for purchase of land

I have paid 11 lakh advance for purchase of land in Dehradun. However on submission of paper s to the bank, the loan was rejected stating that the title holder is someone else and land use is not properly defined. Now the person who has taken the advance is not refunding the amount. The paper submitted has the cheque no and amount but it was issued to a broker. Please advise further action for recovery of my money.

Advocate Shambhavi Sharma answered
A criminal case can be instituted against the person for forgery and cheating Get an FIR registered pursuant to which a Complaint would get registered and Once a case is instituted, then investigations would take pursuant to which the person can be asked to repay youFurther a civil action can be instituted

Q: Subject to Job Fraud with me , No Action By The Police

Mein ek real estate company mein work krta tha jaha ek ladka customer banke unhone mujhe TCS, Gurgaon company mein Software engineer khud ko btaya aur mujhe job lagwane ke liye mere se 75k rs liye medical, physical or plane ticket ke name pe almost 95 percent pesa meine online diya jiska evidence mere pass hai jabki wo ladka bad mein pta chla wifi company mein kam krta tha usne bataya mein married nhi hu meri mummy SBI bank mein job krti hai papa mere head master hai wo ladka fraud krke assam bh

Advocate Shambhavi Sharma answered
You can file an 156(3) with the court in case that the police fails to register the complaint The police complaint is usually not registered in such cases and hence intervention of court is important

Q: employer took stay on lower court order

employer terminated me in resignation period, i have filled case in tiz hazai court. lower court give interim verdict in my favour to issue unconditional relieving letter against which employer took stay from high court. need consultation for high court in this stay and further proceddings.

Advocate Shambhavi Sharma answered
You can challenge the order of the High Court by filing an appeal against the sameThe nature of your employment has to be considered before doing the sameFurther other factors have to be taken into consideration such as the contents of the order

Q: Refusing to provide FNF payment and Experience letter

I worked at Paytm with a monthly salary of ₹1,13,000 and received a ₹1,00,000 joining bonus (with an 18-month clause). I resigned after 5 months due to poor work culture and served my full one-month notice period; my last working day was March 31, 2026.I expected the ₹1,00,000 bonus to be deducted from my FNF. However, the settlement shows: ₹1,13,000 (salary) – ₹18,000 (unexplained arrears) – ₹1,00,000 (bonus) = -₹5,000, which they are asking me to pay to receive my experience letter.

Advocate Shambhavi Sharma answered
This treatment on part of your Employers is completely wrongYou can prefer two kinds of legal actions against your Employer You can either proceed with actions before the labour court or you can approach the commercial court for the recovery of arrearsFurther a legal communication can be made to your Employers in order to ask them to supply you with the requisite certificate