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Soumya Kundu (25 Years Exp)
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Contact Details
Law Firm Name : Soumya Kundu
Country : India
City : Kolkata
Area : Esplanade
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Practicing Since : 1999
Qualification : BALLB
About
| Enrolment No | Enrolment State | Enrolment BAR |
|---|---|---|
| D/1699/1999 | Delhi | Delhi Bar Association |
Civil
Arbitration & ADR
Corporate & Regulatory
Consumer,Product&Service Liability
Contract & Drafting
Criminal Law
Family & Divorce
High Courts (India)
Human Rights
Supreme Court (India)
Languages
Subject : Regarding payment of wages by government.
Question : Sir I am a government teacher working in a school .Government has not paid us our monthly salary alongwith other employees citing budget shortage.It has been more than 4 months that we have not been paid salary inspite of giving notices through our teachers union.Sir ,what action can we take regarding this?
Answer by Soumya Kundu : You are advised to file Writ in Honble High Court for proper adjudication of your Grievences
Subject : Need advice in medical negligence case in NCDRC
Question : In Balendra Kumar vs Ministry Of Labour & Employment on 20 April, 2017 central information commission has given its decision that file not traceable cannot be a valid reason for not providing information under RTI act. I want to know whether I can give the citation of this judgment in NCDRC in a medical negligence case, wherein the hospital is not giving information to the complainant / patient giving the reason that the said file is not traceable.
Answer by Soumya Kundu : Yes , You can produce this citation before NCDRC in medical Negligence case
Subject : Fresh complaint in medical negligence case.
Question : Hon’ble Supreme Court of India has held in Om Prakash Singh v. State of Bihar CRIMINAL APPEAL NO.857 OF 2018 (Arising from SLP(Crl.) No.387/2018) that Second Complaint is Maintainable If There Is Discovery Of New Fact After Disposal Of First Complaint, taking this into account can a medical negligence victim file a fresh complaint against the doctors in consumer court if there is new discovery of facts in his/her medical negligence matter?
Answer by Soumya Kundu : Yes, once there is new Discovery of facts in your case,
You can lodge 2nd complaint
Subject : Fresh complaint in medical negligence case.
Question : Hon’ble Supreme Court of India has held in Om Prakash Singh v. State of Bihar CRIMINAL APPEAL NO.857 OF 2018 (Arising from SLP(Crl.) No.387/2018) that Second Complaint is Maintainable If There Is Discovery Of New Fact After Disposal Of First Complaint, taking this into account can a medical negligence victim file a fresh complaint against the doctors in consumer court if there is new discovery of facts in his/her medical negligence matter?
Answer by Soumya Kundu : Yes, once there is new Discovery of facts in your case,
You can lodge 2nd complaint
Subject : Problem in getting refund of land purchase
Question : In my case the land developer has exceeded the originally proposed schedule and also he has changed the originally proposed location. I have chosen not to proceed with the purchase and have sought refund of the amount paid however the seller is making excuses and is not willing to release funds.
Answer by Soumya Kundu : Good grounds to lodge Consumer case along with Cheating case against Promoter
Subject : Problem in getting refund of land purchase
Question : In my case the land developer has exceeded the originally proposed schedule and also he has changed the originally proposed location. I have chosen not to proceed with the purchase and have sought refund of the amount paid however the seller is making excuses and is not willing to release funds.
Answer by Soumya Kundu : Good grounds to lodge Consumer case along with Cheating case against Promoter
Subject : Builder not giving bungalow and not responding also after payment was made in 2015.
Question : I had booked a bungalow in dharuheda (Gurgaon) in a project by Parshwanath developers.initial payment of almost 10 lac was made but after that there was no development in the property.I have written several mails etc to them but unfortunately they did not respond.Can you please suggest me the way out.
Answer by Soumya Kundu : Go to Consumer court
Subject : Will Deed Schedule
Question : How can I mention the schedule of an apartment in a Will Deed? Do I have to include the (1)Description of entire Property, (2) description of undivided interest and then (3) Description of apartment?
Answer by Soumya Kundu : You can decide like this - Schedule 1
Schedule 2
Subject : Termination of Service
Question : Was working as a Chief Medical Officer in a Charitable Hospital registered under the Societies Act for the past 9 years. I was given termination letter for my service , without any notice or any explanation called for. I have not acknowledged the notice/ letter. Please advise me as to what action I should take ?
Answer by Soumya Kundu : Go to Labour court
Subject : Non compete Agreement
Question : My first employer has sued me and my last employer claiming the breach of non-competence, confidentiality and non-solicitation agreement. The court notice was not served to me, but from my last employer I came to know about the lawsuit. How should I proceed kn this situation.
Answer by Soumya Kundu : Collect documents from Court and then proceeded accordingly
Subject : Cheque payment stopped by drawer
Question : Sir My cheque payment is stopped by drawer . this cheque is given as a proof of money that borrowing for some time but after a long my money don't returned .
Answer by Soumya Kundu : Send a notice for payment and if he don't comply, lodge a case under 138 NI Act
Subject : How to represent father in court he is a paralysis patient now
Question : My father constructed a house in 1998. and left about 5 feet of place on the backside of my house due to vaastu. The person who is constructed house on our backside moved into our site. We make a petition in the court in the name of my father. but he attacked paralysis in 2015. He is unable to speak. I urged the court to allow me on behalf of my father. but they didn't allowed me. Is there any chance to attend the court on behalf of my father?
Answer by Soumya Kundu : Take a Power of Attorney authoriging you to conduct case before court on behalf of your father
Subject : How to represent father in court he is a paralysis patient now
Question : My father constructed a house in 1998. and left about 5 feet of place on the backside of my house due to vaastu. The person who is constructed house on our backside moved into our site. We make a petition in the court in the name of my father. but he attacked paralysis in 2015. He is unable to speak. I urged the court to allow me on behalf of my father. but they didn't allowed me. Is there any chance to attend the court on behalf of my father?
Answer by Soumya Kundu : Take a Power of Attorney authoriging you to conduct case before court on behalf of your father
Subject : Petition for early hearing in medical negligence case.
Question : Which is the right time to file an early hearing request petition in a medical negligence case? Whether it should be filed when the paper procedure is going on like filing rejoinder, affidavit in support of evidence, interrogatory, exchange of papers or early hearing request should be given after all the paper procedure is over? I am a handicap person and I have filed a medical negligence case in NCDRC. I want to know which would be the right time to ask for early hearing and its advantage? Presently my case is admitted and I am getting the hearing after every 6months in NCDRC.
Answer by Soumya Kundu : Ok file an application for early hearing of your case
