Advocate Sushanth Sharma BS

Questions Answered by Advocate Sushanth Sharma BS

Q: Travel Agency Refuses to Give Refund

I had booked a round trip ticket from BLR to Croatia on Goibibo (Emirates airlines).Due to COVID, I had canceled my tickets on March 25th (Travel date is May 21).After multiple follow ups and procedures, Goibibo refuses to give refund of the tickets even after 45 days have passed since the cancelation date. The amount is close to 1 lakh and I'm tensed.The airlines have said that the agency has all the details and have washed their hands off the matter.

Advocate Sushanth Sharma BS answered
There seems to be deficiency of service. infact, the airline and goibibo must assist you in obtaining refund, especially since you have cancelled atleast a month and half in advance. goibibo must have responded, to offer to pay refund, atleast to the extent of permissible extent ,( many companies have policy of refunding over 70% refund, if cancelled within 60 days, over 40% within 40days and so on) . Infact there is a pending case in Supreme court concerning full repayment. nonetheless you might have good case in consumer court against both the airline and goibibo.

Q: nuisance created by clinic and medical shop in residential area

In front of my house, a doctor has opened a clinic and medical shop in their current house. The problem is visitors park their vehicles blocking entry to my house. Since there is a tree next to my house gate, few people come and sit/stand in front of my house gate. Which makes us uncomfortable to enter and exit.Also lot of vehicle sounds. We told the doctor to keep a watch man but he is least bothered about it. Can the clinic and medical shop be operated in residential area? Also, How can we proceed with this problem?

Advocate Sushanth Sharma BS answered
It may noted that concerning the running of the clinic itself, if it is registered under Karnataka private medical establishment Rules, 2009 and if the occupier is in compliance with all the terms of the licens and acting in accordance with the rules , little can be done to obstruct running of clinic itself ( this will depend on nature of clinic and nature of patients taken)on the other hand, you do have a right to unobstructed pathway to enter and exit your home, and this can be remedied by an order of injunction .You must firstly ascertain the nature of license, then get issued a legal notice.

Q: can we approach court in place of arbitration?

In an agreement entered with Joint Director Agri. department GoK there is a clause to refer the dispute to arbitration. But, instead can we approach court instead of arbitration? and which court.

Advocate Sushanth Sharma BS answered
On inclusion of an arbitration clause in an agreement, even if you do initiate proceedings in any civil court , the other side may always file an application under section 8 of the arbitration Act and get the matter referred to an arbitration. So do reconsider. On the other hands, there are options to explore considering the exact wording of arbitration clause, including if it is one sided arbitration, but then again, the challenge is in the legal position that , the arbitrator so appointed alone has jurisdiction to decide upon its jurisdiction as well.You may approach civil court to get an interim order under section 9 and in the meanwhile initiate arbitral proceedings.

Q: asking possible to file a partition suit or not

My father have 3acre self aquired property in rural district he has purchased in 2006. My father married 2nd wife after the death of 1st wife ie my mother. After my father death his second wife transact pouthi khatha in her name sold to someone and they mentioned my name in sale deed during that time I am minor I am a hindu religion please help me weather I can file a partition suit or not

Advocate Sushanth Sharma BS answered
yes you can file partition suit. in the same suit , you must also seek prayer of setting aside/ declaration that the sale deed is not binding on your share.you must make your father's 2nd wife defendant and also all the subsequent transferee party to suit as defendant.ensure you take timely action to show you are genuine and immediate injunction order to avoid further transfers of the property.

Q: Tenant is not handing the keys back

My tenant is demanding full security deposit refund despite messing up the house big time. I said I am going to cut painting and deep cleaning charges of around 40K and return the 1.1L. I already transferred Rs 1 L and said will give Rs 10K after handing over the keys. He is adamant and has threatened not to give the keys till he gets Rs 50K. Per the legal agreement i have done with him, he is supposed to hand over the keys and then I should transfer the amount. But due to a good citizen, I already transferred the bulk of it and now he is abusing this.If he doesn't hand over the keys today, what recourse do I have? Per the agreement, he owes me Rs 1500 per day till peacefully the keys are handed over.

Advocate Sushanth Sharma BS answered
Firstly, obtain lawful possession in all manner from the tenant. if he is adamant , getting him evicted from premises will get more difficult despite his time in lease period getting over. you can evict him only after order of court and not by police, and that will take 1-4 years . In the meantime he may not pay any rent. After getting him evicted, you must file different proceedings to then obtain rent for lost time .secondly ensure agreement is stamped and if registration is required, it is registered deed. My advise, you may pay him advance under protest, then , obtain possession of property. put some other tenant in possession so as to protect your commercial interest. and then subsequently to Sue the tenant to obtain money paid under protest. Keep all bills, pictures of work carried out by you after your current tenant leaves and you carry out repair works before putting new tenant in possession.