Advocate Shantanu Awasthi

Questions Answered by Advocate Shantanu Awasthi

Q: I need to write a complaint letter about carpentry activities in our residential area causing noise

I reside in a colony in Uttam Nagar, Delhi, where a person has established a carpentry workshop adjacent to my house. This has been ongoing for 2-3 years, causing constant noise pollution from activities such as hammering, welding, and chopping. Additionally, the use of spray paint for furniture creates hazardous breathing conditions. What legal options are available to address this commercial activity in our residential area?

Advocate Shantanu Awasthi answered
Dear Sir/Ma'am,The solution to repeated disturbance to a persons mental peace and calm can be sought in the form of an injunction from court whereby a person is permanently injuncted/restrained from doing a particular act after a decree in his favour is passed either permanently or temporarily. Additionally, a suit for compensation for mental agony and harassment may also be brought under tort law for you to claim compensation in terms of money which would help you recover from the intrusion caused to your mental peace, retrospectively. These are the best two options available amongst others and are the most common remedy available as well as granted by courts. You may contact me further for more details.Thanks.Shantanu Awasthi

Q: cheque bounce case time limit after sending legal notice

I have sent a legal notice on 23 Sep. What is limitation period for filing cheque bounce case? Do i have time to file case against the other party in138 NI Act?

Advocate Shantanu Awasthi answered
No. According to S.138 r/w S.141 of the NI Act, the complainant has to wait for 15 days after receipt of notice by the accused. Thereafter the Complaint has to be filed withing 1 month after expiry of 15 days time period. One cannot expedite this process themselves and the waiting period is compulsory.

Q: What action can be taken against transportation deptt

Hi sir, I had booked my car for transfer from X to Y which was supposed to reach in a week . Now it has been 4 weeks and there is no sign of my car moreover, the owner of the transport is ignoring my calls and doesnot respond to my any message. What can i do in this case as i. Really pissed off with my car not being delivered and fear something else might have happened. I am feeling helpless sir, what can i do now? I am in Y now.

Advocate Shantanu Awasthi answered
Dear Sir/ma'am,The present is a clear cut case of defeciency in service by the service provider covered under section 2 of the consumer protection act. You can ask for return of merchandise in car and return of monies given as advance plus compensation/damages + criminal proceedings and under contract act. But first you must send them a legal notice via a competent advocate asking for all these urgently. Thanks

Q: Person changed the name during the pendency of the case in court

What happens to court cases of the person who has changed his name?. Will the name on the case be updated or remains as the same old.? what happens when the case is closed and after that the person changes his name? Will it be updated? When someone searches with his new name , will they be able to find the case registered with the old name?

Advocate Shantanu Awasthi answered
The decree might become inductous if the name is not updated as it would already be in name of wrong person. It may also be a ground for rejection of plaint. Though it is not a defect that is very relevant and might go to the root of the case.

Q: Clarification on legal action against life partner for cheating

Can I file a legal case against my live in partner who on the pretext of love slept with me for a year and also kept hiding the fact that he was already engaged prior to meeting one another?And now mistreated and left me

Advocate Shantanu Awasthi answered
Yes. Live in relations have been recognized as equivalent to real marriage in some cases by the court. Apart from seeking punishment for your partner, you can also seek mantainance and various other remedies against your partner.