Advocate Suman Thakur

Questions Answered by Advocate Suman Thakur

Q: Delay in possession of flat can I file consumer complaint

Garden Isles, Residential project was started by Jay Pee group in Sec 129 Noida. The flats were to be handed over to the buyers in 2016 (different date for each buyer). On an average 80% of the cost has been paid to the builder. The flats are far from completion. A group of buiyers want to file a complaint in the consumer court seeking penalty against the builder.

Advocate Suman Thakur answered
The consumer complaint is maintaible in this case, it amounts to deficiency in service. There are several cases where national commission has awarded penalty along with 18 percent interest and all the buyers should file a collective case...so that it can be listed before NCDRC

Q: GF threatening to commit suicide

I was in a live in relationship and my partner she cheated on me twice. We broke up now after she cheated on me again. When i said that im gonna call your parents and will them to take you back home then she is threating me that she will comitt suicide

Advocate Suman Thakur answered
As a proactive measure, file a police complaint and also send a letter to her parents and tell about her sucidle tendency. You may also try to persuade her to get her checkup from psychiatrist from government hospital and also record her conversation from spy cam whenever she threatens to commit suicide and maintain proper record of her every act.

Q: Principle refusing to issue TC what legal action can we take

I have been staying in Hyderabad city with inlaws & my 2 kids of age 8 & 9 were studying in a school there affiliated to CBSE Board. My husband is out of India. Due to some family dispute i had to come back to my native place Ahmedabad. I contacted the school principal of Hyderabad to issue me TC/ LC so that i can make them continue their schooling in Ahmd. The principal is reluctant to issue me the TC stating that they dont have to right to issue TC to a single parent and requires signature or consent of both the parents. Due to family conflict this is not possible. Please suggest me solution

Advocate Suman Thakur answered
Mam since CBSE is a government body...we can file a writ of mandmus in respective High court and can seek direction for the issuance TC as interim relief and in main relief u can seek formulation of fresh policy with regard to the issuance of TC in cases where both the parents are not residing together..Or u can write a letter to education Department,CBSC and ministry of human resource and state education Department citing the urgency of the problem...as right to education is a fundmantel right now and hence denial of issuance of TC amounts to denial of education.

Q: whether recording a phone call legal ?

The problem is that I want to tape a person's mob number. ,if I will do that ,or that thing will be done by another person is there any chance ,that if that person came to know by any means that his phone was tapped by me ,then is there any possibility that he can take a legal action against me.

Advocate Suman Thakur answered
Recorded conversations are treated in different ways by the law depending on how the recording is obtained. Tape recordings of conversations have repeatedly been held to be admissible as evidence by courts. However, this does not automatically make telephone tapping and the recording of telephonic conversations legal.Telephone tapping is, of course, subject to its own laws: Section 5(2) of the Indian Telegraph Act, 1885, which grants the Government the power to order the interception of messages;Rule 419A of the Indian Telegraph Rules, 1951, which lays down the procedural requirements which must be followed for telephone tapping to be legal;Section 69 of the Information Technology Act, 2000, which deals with the power to issue directions for interception or monitoring or decryption of any information through any computer resource;Information Technology (Directions for Interception or Monitoring or Decryption of Information) Rules, 2009.Under these laws, the tapping of telephones by third parties is generally illegal, unless the procedures mandated by law are followed. Pertinently, it is possible to interpret the law to mean that tapping would be illegal even is the person whose telephone is tapped consents to the tapping.Further, even in the case of 'consensual tapping' — which is, in all probability, illegal — privacy implications may arise. This is because when a telephone is tapped, the conversations of the person whose telephone is tapped with other people would be recorded, and those other people would presumably not have given their consent to being recorded.If, however, the tapping of a telephone was legal, privacy implications giving rise to liability would not be an issue. Privacy ConcernsRecording telephonic conversations — including one’s own conversations — however, is a completely different ball game, and the law is not crystal clear. The primary legal impediment relating to the recording of telephonic conversations is the likelihood of privacy concerns arising where the recording is executed without the consent of those participating in the conversation. In general terms, the Right to Privacy has been recognised under both law and self-regulatory mechanisms including:Tort law,Article 21 of the Constitution of India which deals with the ‘Protection of Life and Personal Liberty’,Depending on the technology used, the Information Technology Act — under Section 66E as well as (depending on the content of the conversations) Section 43A along with the associated 2011 Privacy Rules),(Possibly, for women) under Section 509 of the Indian Penal Code, andWith regard to television programmes, the Indian Broadcasting Foundation’s Content Code & Certification Rules 2011.

Q: Can I get a divorce without proof of marriage

I am the wife and i need to file for mutual divore but my marriage is not registered and i dont have any proof as of now , to prove it. I have 2 children also from the marriage. Can i get a divorce without proof of marriage ? And also what all document should i attach with the divorce petition in 1st motion. ? I need to hire a lawyer also.

Advocate Suman Thakur answered
Mam For filing a mutual divorce petition, the registration of marriage is not required....one can submit weddding photograph and other ID proofs for this purpose.List of documents Photograph of marriage ceremonyWedding card Passport size photoId proofResidence proof