Mightysana5089

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Viewing 15 posts - 16 through 30 (of 41 total)
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  • in reply to: Tenant filed fraudulent suit #1370
    Mightysana5089
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      M
      Mightysana5089
      PARTICIPANT
      May 6, 2025 at 4:34 pm
      Technically you cannot do much. As I mentioned earlier you will have to file an eviction suit against your tenant. Its a long drawn process but no other option. Get in touch with me, lets find a way out of this.

      in reply to: Tenant filed fraudulent suit #1365
      Mightysana5089
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        M
        Mightysana5089
        PARTICIPANT
        May 6, 2025 at 1:11 pm
        Lawyer here. No need to panic. Just hire a lawyer and defend the suit filed by him. You don’t have to travel to India for this purpose. Furthermore, if the agreement ended in April then you can file an eviction suit against him.

        If you require more assistance, kindly connect with me.

        in reply to: Advice on risks of potential criminal/civil case #1627
        Mightysana5089
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          M
          Mightysana5089
          PARTICIPANT
          May 6, 2025 at 11:15 am
          You can represent yourself.

          Mightysana5089
          Participant
            M
            Mightysana5089
            PARTICIPANT
            May 6, 2025 at 10:51 am
            Lawyer here. He cannot file any FIR against you as it is a pure civil dispute. Don’t worry. It is unlikely that he will file a case for such meagre amount.

            in reply to: Advice on risks of potential criminal/civil case #1625
            Mightysana5089
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              M
              Mightysana5089
              PARTICIPANT
              May 6, 2025 at 9:52 am
              Practising Advocate here. For the landlord to prove that you had a malicious intention would be impossible; thus, a criminal case would be unlikely to be sustained. However, he shall use the security deposit amount to pay the damages.

              To be honest, this is not the right way to address the situation. I understand the frustration that you are through because of how society is and how it treats you by abusing its power. I would suggest have a legal notice sent to the landlord and take things forward, if you really don’t mind spending on legal fees.

              Mightysana5089
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                M
                Mightysana5089
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                May 6, 2025 at 6:49 am
                Practising Advocate here. If the contents that you published or sent to other people are true, then it is not defamation. My suggestion would be to reply to the Legal Notice strongly and demand the unpaid dues. Section 138 Notice has to be mandatorily sent within 30 days from the date of receipt of information from the bank regarding the return of the cheque as unpaid. There is no way to end this cleanly because if you apologise, it would be on paper that you made a mistake, and the dues that you are claiming are not true.

                I would suggest getting in touch with a lawyer and take things ahead accordingly. In the alternative you can also connect with me for more guidance.

                Mightysana5089
                Participant
                  M
                  Mightysana5089
                  PARTICIPANT
                  May 5, 2025 at 6:58 pm
                  Lawyer here practicing in Mumbai. Your answers are as follows:
                  1. Agreements over Whatsapp is valid if you have accepted the part that you shall be okay if your pay is linked to performance.

                  2. Yes he can. As mentioned above, there should be acceptance from your side to the same.

                  3. Yes you can legally pursue this in Mumbai.

                  4. If its just a matter of one month salary then its really not worth paying lawyers because you will end up paying more than you receive and legal costs are given in small numbers by court.

                  My advise you would be to send a Legal Notice through a lawyer and stop at that. If the company feels pressured after receiving the Legal Notice they might pay up.

                  in reply to: Need some urgent help #1766
                  Mightysana5089
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                    M
                    Mightysana5089
                    PARTICIPANT
                    May 5, 2025 at 6:36 pm
                    When the replace will come at that time he will pay. Everything is on trust basis. I would highlight this as a risk.

                    in reply to: Need some urgent help #1764
                    Mightysana5089
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                      M
                      Mightysana5089
                      PARTICIPANT
                      May 5, 2025 at 6:23 pm
                      I am a lawyer. Deposit can be refused in future because there is no transaction. I agree there is an agreement but for proof of payment you do not have anything with the owner. Beware of this.

                      in reply to: Harassed by a sales person of an ed-tech company #3685
                      Mightysana5089
                      Participant
                        M
                        Mightysana5089
                        PARTICIPANT
                        May 5, 2025 at 5:57 pm
                        I am a lawyer and my advice would be to not get into the web of litigation. Specifically for this case. Its not worth it, time consuming and you will end up burning lot of money. What you can do is use social media as a weapon against the company. If after doing so you are harassed, you can file complaint with the nearest police station for such harassment.

                        Mightysana5089
                        Participant
                          M
                          Mightysana5089
                          PARTICIPANT
                          May 5, 2025 at 9:08 am
                          As a Lawyer, I can advise you that the best forum to file this case is in the Consumer Court. Under the **Consumer Protection Act, 2019**, you can file a complaint for:

                          * **Deficiency in service** (poor planning, lack of proper transport, misinformation),
                          * **Unfair trade practices** (false promises about hotels, itinerary),
                          * **Negligence** (unsafe arrangements),
                          * **Mental agony and trauma** due to harassment and distress.

                          # Next Steps :

                          1. Draft and send a **legal notice** through a lawyer.
                          2. File a **consumer complaint** if no satisfactory resolution is received.
                          3. Consider claiming **cost of trip + out-of-pocket expenses + β‚Ή2–5 lakhs for harassment**.

                          # In the meantime do the following::

                          * **Preserve** all communications and records β€” these are critical.
                          * You can file the complaint **online** through https://edaakhil.nic.in.
                          * In parallel, also **file a complaint on portals** like:
                          * National Consumer Helpline
                          * Grievance portals like Jago Grahak Jago
                          * Company’s social media handles (with screenshots).

                          Mightysana5089
                          Participant
                            M
                            Mightysana5089
                            PARTICIPANT
                            May 5, 2025 at 8:25 am
                            As a Lawyer I can advise you that if you still on possession of the property then you can withheld it from transferring. However few facts are required. Whether sale agreement was registered? Did he pay stamp duty on the same? If the answer is in negative for both you can cancel the agreement. Since this money is in cash you cannot go to the police. You can definitely browbeat him to pay the balance amount. Get yourself a lawyer to help you out in this.

                            in reply to: Grandfather gifted property to aunt #2647
                            Mightysana5089
                            Participant
                              M
                              Mightysana5089
                              PARTICIPANT
                              May 5, 2025 at 3:48 am
                              Well lawyers charging on specific percentage is not an ethical practice. Though it is quite prevalent. I would suggest get a better lawyer who charges as per each work done.

                              Mightysana5089
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                                M
                                Mightysana5089
                                PARTICIPANT
                                May 4, 2025 at 6:52 pm
                                You will have to approach High Court.

                                Mightysana5089
                                Participant
                                  M
                                  Mightysana5089
                                  PARTICIPANT
                                  May 4, 2025 at 6:09 pm
                                  Send them an email setting out all the facts in detail. That for this case you quoted x amount which you agreed and paid in full. Thereafter you had raised additional invoices in furtherance of the x amount which was also paid. However you are not bound to raise new invoices which was never agreed between us.

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