Advocate Shivaprasad Gaonkar

Questions Answered by Advocate Shivaprasad Gaonkar

Q: How to proceed legally if the builder is not giving possession

I along with 4 other apartment owners filed a case in consumer court against a builder for non-completion of the project. We had booked the apartment in 2014 but still the project is not completed. There is no lift/generator and other amenities. Flat cost is 45lk. We hired a lawyer for the same. He had initially sent a legal notice and when there was no reply for the notice he proceeded with the filing of consumer case. The lawyer sent the notice individually and the case has also been filed individually (but the grievances are the same) As per the lawyer, the case was filed on 11/7/2018 and matter stands adjourned to 25/10/2018 to await notice to opposite party. From sending the legal notice to the filing of the case it has also already taken us 6 months. And still, he is not giving us a concrete timeline. So my question here is: 1) Is there lawyer giving us correct information/representation? And usually does it this much time for the case to be ad

Advocate Shivaprasad Gaonkar answered
See in your case you already fiied a case against them.and the thing is that it usually takes time depends upon where the opposite party residing if more than 1 opposite party and they residing out of your locality it takes more than 1 or 2 month.1st thing your advocate send a legal notice and secondly the court send a court notice to opposite party.once court notice is served to opposite party your case will move on quickly.Thank you.

Q: What to do when husband is torturing the wife

Hi Mine is arranged marriage as per Hindu , he is torturing me for money and he is not taking any responsibility of me or my 2 kids, I take care of rent school fees of 2kids and other expense of self and kids, he is torturing me for not giving my salary to him mentally and physically , m tired of him please help me how do I get out of him

Advocate Shivaprasad Gaonkar answered
The better thing is first you have to lodge a complaint before manila police station this is in your place.stating that dowry harassment and mental and physical torturing. If you are not residing with your husband than find a lawyer and file maintenance case for your basic needs.

Q: What to do if the cheque has been dishonored due to insufficient funds

Hi, I was issued a cheque by a person who was supposed to pay me and it was dated 15th Jun. When I deposited it, it was returned due to insufficient funds. When I reached out to the issuer, she said that is arranging funds so to deposite the cheque again after 10 days. When I did so again the cheque is returned with reason of insufficient funds. Now the cheque amount is Rs 4000 and 2 times cheque bounce has cost me Rs 236. My question is, I want to now send her a legal notice so is there a specific format that is readily available or do i need to go through a lawyer like yourself? Also another concern would be if the lawyer fees is higher than the cheque value then it does not make sense for me to go legal at all?

Advocate Shivaprasad Gaonkar answered
My opinion in your case is better to settle the matter out of court..because the cheque amount is very small.if you want to file case that is no problem but the thing is advocate fees is higher than your cheque amount. If you want to file a case find a lawyer and send the legal notice through your advocate first

Q: What can be done if cheated by consultancy services

I have got cheated from job consultancy services, they charged some amount for offering job. she use to call me from delhi, i just wanna know who i can get my money back also after me she should not be able to cheat others. i just wanna punish her and her team.

Advocate Shivaprasad Gaonkar answered
Yes.Definitely you can get your money back..if you have necessary documents to show that you have given the money to them and also it is necessary to show the documents that they have offer the job and taken the money and cheated.for that you have to lodge a complaint in district consumer forum with necessary documents.

Q: Can son attend court hearing regarding 138 case on behalf of father?

Sir / madam,. My father has filed criminal case -cheque bounce case along with 420 case but due to his old age he is unable to regularly attend court. So (as his son )can I attend all court proceedings under my father's GPA ?

Advocate Shivaprasad Gaonkar answered
Yes definitely.. On following basis:-“(i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent.(ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint. However, the power of attorney holder must have witnessed the transaction as an agent of the Payee/holder in due course or possess due knowledge regarding the said transactions.(iii) It is required by the complainant to make specific assertion as to the knowledge of the power of attorney holder in the said transaction explicitly in the complaint and the power of attorney holder who has no knowledge regarding the transactions cannot be examined as a witness in the case.