Advocate Shrutika Garg

Questions Answered by Advocate Shrutika Garg

Q: Want to quit cuz of mental torture and no sleep but have bond of 3 yrs

After 12th. I joined MNC after I paid 2lakhs for 1year training to the company .After training I signed service agreement bond for 3 years.The agreement says that If I quit I have to pay 2 lakhs also have signed bond that if I quit I have to discontinue my graduation degree and pay 90K which I am in last semester the company has allowed us to do parallely and have Partially funded.I have served the company for 4 years.1 year training. 3 month intern, 2.7 years full time. can I quit ?

Advocate Shrutika Garg answered
I think you have 3 months time left with you. Would have suggested to take legal recourse but it's not a long time. Just be extra cautious if you are planning on leaving the company on completion of 3 years. Carefully go through your contract and follow it entirely. Else if you want a legal recourse you can take that as well by challenging sanctity of the contract.

Q: I am hiring a student from internshala

I am an individual who wants to hire a college student as a personal assistant , content creator on an internship. For an individual hiring another individual do I need to make a contract or an offer letter for the student Im going to hire ( from internshala)

Advocate Shrutika Garg answered
It's always good to have a contract which would be favorable for your own good. Consider confidentiality clause, copyright related clauses, and also notice period. This would help you protect your content and will ensure that he is providing content exclusively to you.

Q: Company is imposing baseless term and conditions upon me

I have bought vacation membership for 10 year in which sales department offered me 5 bonus week and against 60k Malaysia Dubai Singapore and Maldives. All inclusive but in starting recived call from company that 60 k offer company is not giving approval than I said I don’t want continue with membership because I have bought membership due to this offer . nThen another day Received call from company that we can provide only 2 return airfare which again I denied because I was offered all inclusive package nAfter too many mails company got agreed . nBut they are imposing upon me baseless term and conditions which are not mentioned in agreement. That I cannot travel in peak season and blackout daysnSecond thing they offered me 5 bonus weeks nWith I have to utilise in membership tenure but they are charging 15 year Annual maintenance charges for 10 year membership nNeed help

Advocate Shrutika Garg answered
You can first send them a legal notice for fraud, deficiency in services and change in conditions i.e. breach of contract. If they do not oblige, then you can approach the consumer commission as per the amount to be recovered and the area.

Q: party couldnt attend under negotiable instrument act

what is the remedy provided to the party in a case of section 138 of negotiable instrument act, where in counsel due to personal reasons could not attend the court proceedings and the right to examine the complaint is closed.

Advocate Shrutika Garg answered
By filing a application for reviewing/setting aside the said order, you can get the right back. Please note that the Court might also impose costs for that. That would be discretion of court. So the application should be drafted properly.

Q: want to know if I am eligible for gratuity or not eligible for gratui

I was working in an export company for 7 years, they sifted me from company A to company B (sister consultant company) with same partners, I left my company on 6th of July 2022, they settled my all dues except Gratuity. I just want to know whether I am eligible for gratuity or not. If I am eligible for gratuity then please guide me how.

Advocate Shrutika Garg answered
As per the Payment of Gratuity Act, if you have completed more than 5 years in an organisation, you are entitled for the gratuity amount. Would be in a better position to describe after knowing the entire details.