Advocate Yuvraj Satish Shinde

Questions Answered by Advocate Yuvraj Satish Shinde (25+ answers)

Q: Regarding Food Order at PVR Jio World Drive, BKC, Mumbai

Myself Yash Jain, I recently booked 2 movie show tickets in masion pvr, jio world drive, bkc, mumbai. In the intermission I ordered veg dum biryani but was served non veg dum biryani on my seat. Due to darkness in the theatre I could not see the food and unknowningly consumed non veg food upon cross verification by pvr cateen they told me that it was non veg. They offered me and my family for movie show with food in luxury cinema. I firstly accepted but now I rejected what should I do?

Advocate Yuvraj Satish Shinde answered
Dear Yash Jain,As a consumer, you have the right to seek compensation for the deficiency in service and the mental agony caused due to the negligence of the theatre’s food service. Since you were served non-vegetarian food despite ordering vegetarian food, this amounts to an unfair trade practice and deficiency in service under the Consumer Protection Act, 2019.Steps to Take:1. Send a Legal Notice:Draft a legal notice addressing Maison PVR, Jio World Drive, BKC, Mumbai.Mention the details of your booking, the incident, and the distress caused.Clearly state your demand for compensation for mental agony, negligence, and deficiency in service.Give them a stipulated time (usually 15 days) to respond with compensation or a resolution.2. File a Consumer Complaint:If they do not respond satisfactorily to your legal notice, you can file a complaint with the District Consumer Disputes Redressal Commission, Mumbai Suburban.Where to File: You can file the complaint online at E-jagriti or visit the consumer forum in Mumbai.Documents Required:Copy of the legal notice and acknowledgmentBooking details of the movie ticketsPayment proof for food orderAny receipts or chat/email communication with PVRWritten confirmation from PVR that they served non-veg foodYour written complaint detailing the incidentCompensation Demand: You can claim a refund, compensation for mental agony, and any legal costs incurred.Since PVR’s negligence caused you emotional distress and violated your fundamental right to choice of food, you have a strong case. Let me know if you need assistance in drafting the legal notice and filing the complaint.Best regards,Adv. Yuvraj Satish ShindeLitigation Lawyer | Commercial & Consumer Law

Q: Society not allowing house dog as pet

Hello, I live in a Co-op Hsg society in Pune, Maharashtra. We are planning to get a pet dog - but the Managing Committee is not allowing pets - reason provided - A resolution not to allow pets in the society was earlier passed in the society's AGM.Based on the online reading I have done so far, the the Society cannot ban pets.My questions are:1. Is it lawful to pass such a discriminatory resolution?2. Does such resolution have any legal basis?3. Can Society disallow members from keeping pe

Advocate Yuvraj Satish Shinde answered
In response to your query, it is important to understand that the resolution passed by the Managing Committee in your Co-operative Housing Society to disallow pets is neither lawful nor enforceable. As per the Animal Welfare Board of India’s by-laws and relevant municipal laws, housing societies cannot impose a blanket ban on keeping pets, even if such a resolution is passed during the Annual General Meeting (AGM) or by a majority vote. Such a resolution is discriminatory in nature and infringes upon the rights of residents. The law explicitly protects the right of individuals to keep pets, provided they adhere to municipal regulations, such as ensuring proper vaccination and maintaining hygiene. Housing societies do not possess the authority to curtail this right through arbitrary resolutions or rules. Moreover, such resolutions lack legal validity and cannot be enforced against residents who wish to keep pets. The guidelines also prohibit discrimination based on the breed, size, or habits of the pet, including barking, as these are natural behaviors. Societies are obligated to accommodate pet owners and cannot harass or restrict them based on unfounded complaints. If the Managing Committee continues to oppose or restrict you from keeping a pet, despite your compliance with municipal laws, you have several remedies available. Firstly, you may file a complaint with the local municipal authority or the Animal Welfare Board of India to address the society’s actions. These bodies can intervene and direct the society to cease any discriminatory practices. Secondly, you have the option of approaching the Consumer Forum. By filing a complaint, you can seek an order restraining the society from interfering with your right to keep a pet and request compensation for any undue harassment caused. It is important to highlight that your right to keep a pet in your apartment is protected by law, and no arbitrary resolution or by-law amendment can override this fundamental right.

Q: Interior Designer could not complete the work

i am an interior designer i took a project and i was unable to complete the project on time, But it was due ti client contionius changes but yet it look me long but i couldnt complete i ask for kore time buy client denied and now askikg me for refund.I have placed everything in her project.but yet she claiming money what should i do now as FIR is going to happen

Advocate Yuvraj Satish Shinde answered
As per the Consumer Protection Act, 2019, your client may or may not choose to file a complaint against you under the act with the appropriate District Consumer Forum. However, I would like to inform you that the Forum will always give you a fair opportunity to file a reply and will surely apply the test of reason and logic. I advise you to gather all the communication between you and the said client and file it with your reply within 45 days from receiving the complaint notice along with the complaint and it's accompanying documents.