Advocate Viswesh Sekhar

Questions Answered by Advocate Viswesh Sekhar

Q: How can i file cheque bounce case for owner staying at another city

I have been staying at Bengaluru since October 2015 in rent. While I booked the room I paid Rs 35000 in cash to the owner as deposit. Recently I vacated the room as I will be shifting to my native Kolkata permanently. For deposit settlement the owner agreed to pay Rs 19000 after deducting all the charges. But he didn’t pay me in cash and issued a post dated cheque of date 1st Aug 2017. While I asked him to pay in cash he told that he is having some financial crisis so he can’t pay in cash and also assured me that the cheque will be cleared. But I came to know from one of my ex neighbours who used to stay in the same building had the similar experience and her cheque was bounced and she got back her money after many fights. As I will be leaving Bengaluru on 7th July. If my cheque is dishonoured then how can I file complain against the owner from Kolkata?

Advocate Viswesh Sekhar answered
Dear Sir / Madam,It depends on which bank the cheque is issued. In any case, the cheque has to bounce before any action can be taken. After that a notice has to be sent asking him to pay within 15 days. Filing of the case will arise only when he fails to honour this demand also.

Q: How to get refund from the company if defaults in service

I paid 10k as advanve to a company The Jib Masters in Delhi on promise of interviews/training for a job in Dubai. The money was sent via NEFT. Receipt says refund will be given if candidate does not get a job in 6 months. I have followed up multiple time with the company but there was no proper response from them after the payment. Please help me understand the procedure to get refund.How it can be resolved ?

Advocate Viswesh Sekhar answered
You can file a consumer complaint here in Bangalore. Prior to this, you have to send the company a notice asking for a refund and informing them that you will approach the consumer court. We can take further action depending on the reply.

Q: Fake cheque bounce case imposed by ex employee, what to do

Hi during 4 - 5 months back from my office drawer some of the documents and cheques signed has been stolen by some of the employees and after then we have fired them from the company but seeing the company reputation and their career we have not lodged any case against them. but today I have received one demand notice from the layer stating from an exemployee stating the cheque has been bounced and I need to pay him 7.96 lakh which is not true. I have already informed him over the email and his lawyer that I have not issued any cheque to nay one and this is the cheque from the stolen account and will not be honoured. Please let me know what legal action I can take against them in this incident ?

Advocate Viswesh Sekhar answered
You have to respond to the notice within 15 days of the receipt of the same to you. You can state that the cheques were stolen and there is no legally payable debt of ₹7.96 Lakhs, You also have to issue stop payment request to the bank and would be advised to file a police complaint against the former employee.

Q: How to change my name in documents and passport

My name is Kirankumar S Talavagal in all my marks cards till my Post graduation but my actual name is Kiran Y S, so how can i change my name to get passport and if i wanna migrate to other countries from india

Advocate Viswesh Sekhar answered
Dear Kiran,You have to file an affidavit before a notary. After that you have to take out a paper publication in two newspapers. The procedure is fairly simple. The stamp paper charges is Rs.20/- Notary and paper publication would be extra. In fact most notaries would be able to help.

Q: Ancestral property sold by a person can we file a case

my father had property in Bangalore he was the owner of the property..he had four brother and they are also share holders for the property.we had to sell our property we gave GPA to a know person he selled the property without informing to the owners.can we put case on the property?

Advocate Viswesh Sekhar answered
Sir/Madam,I would require more details to answer this query. Who was not informed? Were the other three parties informed by the GPA holder? Was the GPA a registered document? If we can discuss these and other details, I would be in a better position to advice you.