Advocate Suraj Chandrasekaran

Questions Answered by Advocate Suraj Chandrasekaran

Q: My cheque bounces by another person name

I got 2.5 lakhs loan from one person but cheque bounced by another person name for 5 lakhs and sent me a notice for 138. Is it legal to file case.

Advocate Suraj Chandrasekaran answered
He is entitled to file a case. You cannot stop that. However You should defend it by sending appropriate response. Then if he still pursues a case against you before the magistrate the same has to be defended in accordance with law.

Q: Promoter is not providing booking refund and delaying

Not able to claim my booking amount from the promoter. Every time when i visit the office, They are telling new stories which havent heard before. But they don't have intention to give my amount back

Advocate Suraj Chandrasekaran answered
Of course you are not left without any remedy. If the promoter is delaying, you can file a claim for recovery of money through RERA. Appropriate compensation can be sought for. Based on the facts and circumstances appropriate remedy can be sought for.

Q: Anticipatory bail has to be executed by police or not ?

Accused gor anticipatory bail in a 498a case . Police hasn't executed the bail conditions of surety and bond when the charge sheet of police beautifully explain the harasement done by each accused with evidence ... but still police hasn't recorded arrest n executed bail.. the accused has chances of absconding to other country..what can be done if police is not doing the procedure

Advocate Suraj Chandrasekaran answered
Of course you are not left remediless. If bail conditions are not complied, you can always move for cancellation of bail before the concerned as per law laid down in Shaji case by the Supreme Court of India.

Q: Need opinion on recovery of vehicle

My dad is running a logistics business.. during this pandemic as we dint have proper payment and loads we couldn't pay EMI for 3 months. Only in august we got loads and the the financier has seized our loaded vehicle. We asked him 1 week time to settle 3 months EMI. But they r demanding full settlement which is about 11 lakhs within 10 days. We already finished about 70% of EMIs. We tried to go legally but police station is not accepting any complaints on this. How can we go about?

Advocate Suraj Chandrasekaran answered
You can file an application for return of your vehicle. in the meanwhile,an application not to sell the vehicle can be filed. To show your bonafides ,the said money can be deposited with the court and seek for the aforesaid reliefs.

Q: Bank auction property problem need advice

Dear sirWe bought a auction property from SBI bank worth 35 lakh.we did a intial payment of 8 lakh and remaining applied for SBI loan in August 2019.Loan was also approved by SBI bank Till today we did not get the auction property becoz the tenant staying there refused to vacate the property and also pandamic came in between.We have not got our property till today 25 September 2020,but SBI bank is asking us to pay the interest for the loan availed and everymonth we are facing cheque bounce charges.Please help us what can be done

Advocate Suraj Chandrasekaran answered
When was this lease entered into by the borrower? Was it prior to or post mortgage with the bank? Did you approach the bank in assisting you in obtaining physical possession? Based on that we can assess and proceed.