Advocate Shashikant Gupta

Questions Answered by Advocate Shashikant Gupta

Q: 2 years have been completed police not filing chargesheet what I can do?

1. Why does the police delay in filing the chargesheet?
2. What can I do if the police is not filing the chargesheet?
3. What is the legal remedy available for delay in chargesheet filing?

Advocate Shashikant Gupta answered
If the police fail to file the chargesheet within the stipulated time, you can:

• File an application before the court requesting a status report on the investigation.
• Approach the High Court with a petition for transfer of investigation or to expedite the process.

Q: 2 guys cheated on me with 9lakh, but in return I got 3chqs 1 lakh each

I gave 9lakh to a person for my Canada permit, but he cheated me, they were 2 persons 1 of them hide(left his house and run away) they but second person I got. He gave me 3 cheques of 1 1 lakh each, and he cleared 1 chq but he didn't pay other 2 cheque, 1 chq already bounce bcz of lack of amount in his bank account. Now he is ignoring me.What I can do legally?

Advocate Shashikant Gupta answered
when the cheque is dishonoured, then u have to send him a legal notice within 30 days which is mandatory and then u will file a complaint under section 138/142 of ni act and and if he is ignoring u then u can file a complaint against him in the court of law

Q: What to do when husband is mentally torturing the wife and children

My husband is a drunkard. I ve been married to him for 22 years now. He is a govt. Employee (teacher) ,so am i.i have 2 kids one of them is 21 and the other 19...i thought of divorcing him a lot of times but i kept put for the kids but i cant take anymore. The abuse is not physical and all but he tortures us mentally. Doesn't let us sleep at nights. What is the best course of action for me.

Advocate Shashikant Gupta answered
Mam.u can file complaint before police and can also file divorce case and can file case under section 12 domestice violence act and for urself and for hr children u can claim maintenance from your husband by filing maintenance case.

Q: Delay in Possession & Non payment of committed pre-emi for subvention

I had purchased a 3 BHK flat from builder CHD developers in 2013 with the address as 106, Golf avenue, Gurgaon. The month and year of possession was Dec 2015. It was stated on a letter head by the developers that in lieu of delay in providing the possession, the Pre- Emi shall be paid by them. However for the past 3 months, there has been no Pre- emi being paid by them and neither are they updating us on the possession date. I would like to make a complaint against them and also get a consultation on what should be done in this case. Pls guide us here. All suitable evidences can be provided.

Advocate Shashikant Gupta answered
U should file consumer complaint against the developer and u will get what is written in the agreement.As per the agreement clause ..the clause regarding pre emi s there ..so u can file the consumer complaint

Q: Do tenants and owners have different rules for common areas

We live in exclusive floors, gurgaon. The new rules set by our RWA (rightly called Owners association) is that all owners can park 2 cars in the society, whereas if a tenant is living in a flat, they can only park 1 car and needs to pay Rs.2500 extra to the society for parking an additional car. Originally, DLF had only allotted one car park per flat. Now, the owners claim that they have more rights on the common areas than the tenants, which doesnt make any sense, as tenancy is an agreement between the landlord and the tenant and the RWA has no business to discriminate this way. The rules for common areas should be the same for both owners and tenants. What is the legal opinion? We want to stop the RWA from harrassing and extorting money from us.

Advocate Shashikant Gupta answered
This is harrassment on the face of your query. U have to send a legal notice to them as they are not authorised to demand more money in lieu of parking from tenant. As the space used by landlord are transfered for use by way of tenant n landlord agreement.u have to file a suit again them