Advocate Shitij Oberoi

Questions Answered by Advocate Shitij Oberoi

Q: Can a consumer case be filed from anywhere

Can a consumer case be filed from anywhere or is it restricted to the jurisdiction mentioned in the agreement between the partiesn(eg. Delhi is mentioned in the agreement)?

Advocate Shitij Oberoi answered
parties are bound by the jurisdiction clause since they've entered the agreement with their free will. therefore first preference shall be give to jurisdiction clause in the agreement or where the cause of action arose in the present case

Q: Non payment of salary by a startup which has been shut now

My employer didn't gave my salary and now he's is indirectly pressurising me for not taking any leegal action. Their office boy was asking me to pay his salary, and other employee told me that the employers are saying 'you stole laptop from office' but they did it by themselves, as they were trying to escape from office place without paying salary and other bills, so they took most of office equipments and left. And now everything is disturbing me.

Advocate Shitij Oberoi answered
For this you may have to file a case by serving a notice to the director or Any other managerial position via mail or post. Thereafter you can file a case at labour court and continue your case there and i believe you will definitely succeed in your case. I am an employment and labour laws advocate, i wish you best of luck

Q: is it mandatory to invoke arbitration

Can a consumer approach Consumer directly for poor services or is it mandatory to invoke arbitration wherein the agreement between the parties nmention that "the second party may then adjudicate the dispute by way of sole arbitrator alone as per the provision contained nunder The Arbitration and Conciliation Act 1996 and amendment there to"?

Advocate Shitij Oberoi answered
The arbitration clause in an agreement makes it mandatory for both the parties to resolve the dispute through arbitration, since both the parties gave their consent while entering into the contract. So if there's an arbitration clause it has to be decided through arbitration. Although poor service falls under Consumer Protection Act, you may try to pursue it unless the opposite party objects due to presence of an arbitration clause.

Q: Premature Termination Of Lease

My lease agreement for 11 months for flat. There r 2 apparently contradictory clauses (1) i can vacate after giving 3 months Notice (2) lease period is locked in till expiry of lease. I want to vacate the flat during lease period. What should be done

Advocate Shitij Oberoi answered
For this i have to examine the whole lease deed to get a clear intention of parties. In case of contradictory provision in a lease deed, those clauses will stay which are in consonance with the general law and precedents. The reason to examine the whole lease deed is 1. - to check what is the total lockin period and what is the amount to be paid towards the default done in lockin period.2. can this lockin period be waived off?3. Can this agreement be amended through recission, novation etc4 Is the term in agreement in contradiction with any law in force.