Answer by Rajeev Srivastava : Yes. The judgment of supreme court is binding in the matter of consumer Forum cases. However only certain provisions of c.p.c is applicable in consumer cases

Subject : Need guidance in judgment matter.

Question : I want to know whether the orders and judgments passed by Supreme Court of India in Civil Cases and Criminal cases are applicable to consumer protection act, that too in medical negligence cases? Along with this I want to know whether CPC and CrPC acts are applicable to consumer cases also?

Answer by Rajeev Srivastava : Yes. The judgment of supreme court is binding in the matter of consumer Forum cases. However only certain provisions of c.p.c is applicable in consumer cases

Subject : I ordered a milkshake from a very well known restaurant in Bengaluru through one of the major food delivery chains right now.

Question : I ordered a milkshake from a very well known restaurant in Bengaluru through one of the major food delivery chains right now. Neither the restaurant nor the food delivery chain has responded my complaint regarding the same. I want to take this to court and get the necessary damages. kindly guide regarding the process for the same.

Answer by Rajeev Srivastava : You have not mentioned the details of your complaint. So without knowing the exact compaint no can give you proper advice . However you can send legal notice to vendor.

Subject : From whom should the damages be claimed after an accident?

Question : While driving to college one morning, my friend got into an accident where a drunken tempo driver hit her two-wheeler and fell down, suffering from minor injuries. The owner of the temp, however, claims he is not responsible if the driver was drunk because he was not working that early in the morning. Whom should I claim the damages from for the damage done to the vehicle as well as the costs of minor injuries?

Answer by Rajeev Srivastava : First of all file a criminal complaint against the driver of the tempo for rash and negligence driving cause damage of vehicle and injuries to your friend. The police of concern police station send notice to the registered owner of the said tempo and asked to furnish details of driver who was driving the vehicle at the time of accident and produce vehicle in police station. Thereafter you can file a motor accident claim petition for compensation against the driver, owner and insurance company in motor accident claim tribunal. If route permit, fitness and driving licence found valid and effective then only insurance company will be liable to pay the compensation amount

Subject : Court fees cost in N. I case

Question : What is the structure of court fee to be filed with cheque bounce case

Answer by Rajeev Srivastava : Dear Santosh In case of 138 of Negotiable Instrument Act there is no court fees structure. You have to file very nominal court fees in such cases. You have to file the same court fees which is applicable in criminal complaint. If you want any further information or any other advice then contact me without any hesitation through administrator of this website

Subject : Medical Negligence case

Question : I had filed a medical negligence case for 2nd time in NCDRC in 2016 ( Under Fresh and Continues cause of action and discovery of new facts due to past medical negligence), which was admitted but later it was dismissed on maintainability 2019. Again I filed a Review Application in NCDRC against the Judgement passed by NCDRC. Last week NCDRC has dismissed the Review Application also. Now what are the legal options available for me to proceed in this matter? Please guide.

Answer by Rajeev Srivastava : You can challenge the judgment of National commission in Supreme Court

Subject : Can NI 138 and IPC 420 be filed together?

Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?