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ujjawal   24 January 2010 at 16:21

Refund of Advance Money .....

Nakkashi Graphics: We do the job of making graphics & printing of job through the offset printers.

We contact to IPP ( International Print O Pac provide printing services LTD. )& reach the NOIDA office for printing of Job prepared by us.

We make the Advance Money & get reciept of CASH Deposit of Rs.30000/- as evidence, as per the Quotation given by the Sr. Marketing Manager of IPP LTD. who ensure us that your JOB for printing would be commenced & completed with in 2 Days as per our scheduled JOB List for offset printing.

But It was not started as per the multiple reschedule time and we now, do not want to print the print with the co.

After passing SIX Days, We want to refund the ADVANCE MONEY & complaint to MD. of IPP, AMILA SINGHVI, for delayed JOB and want the refund of advance money, she ensure for refund of money in morning next day.

On next day we reach office to collect the advance money but she neglect to refund the money and told that " we do not print your JOB at this time " & we claim to refund of advance money.

What would be remedies , in such a case ?

Note:

1, There is no terms for Jursdiction & refund or keep the advance money on Quotation as well as on Reciept of Amount deposited as advance.

Please reply soon

Anonymous   24 January 2010 at 12:23

about cs

hey friends...
i wanted to know that whether cs course is good for law students?

Parthasarathi Loganathan   24 January 2010 at 10:34

Public Transport Woes

For more than 4 years now, buses of Metropolitan Transport Corporation (MTC) Chennai, as and when new fleet is introduced in any routes of Chennai, it is straightaway branded as Deluxe Service and has slowly substituted many important services under this category, thereby indirectly imposing excess fares on commuters who have no option except to depend on these bus services.

I wish to state as under:

(a) Categorizing new buses with DELUXE brand and imposing more than double the fare on commuters without providing extra benefits.

(b) Size of such buses is so narrow that Deluxe buses are often crowded to nullify the DELUXE brand. Standees during peak hours are put to lot of inconvenience due to basic design fault of these buses.

(c) In the name of semi low floor category the standees especially ladies and senior citizens are put to lot of inconvenience that either the roof handle grips are broken or left sliding without any control.

(d) About 20 seats (out of 45) are designed at a raised level causing congestion and difficulties to passengers. Commuters need to climb on these seats to occupy.

(e) To collect such excess fares, without any notice or information, a particular route gets converted to EXPRESS category with extra fares to ply in the same congested city traffic.

(f) Route Numbers are prefixed and suffixed with alphabets to three digit numerals making it difficult even to the education public leave alone semi-literates and senior citizens. These numbers are changed often to the whims and fancies of the MTC management.

(g) Most of the conductors are fastened to their seats without bothering to move freely and issue tickets.

(h) Need based plying of routes to address the transport requirements of the general public has never been taken into consideration.

(i) No reason to introduce HIGH COST AC Buses to ply empty during peak hours.

(j) Many such Deluxe Buses, even after getting old are still branded under this category to facilitate collection of extra fares.

I am posting these matters in this forum only to inform our learned brothers in Chennai as to why till date no legal recourse is initiated in the interest of the Public to get the above woes redressed. Advocate volunteers to come forward to help and advise the provisions of law on this burning issue for the benefit of public at large.

Parthasarathi Loganathan   24 January 2010 at 09:29

Annual Subscription

Many Daily Newspapers make the readers Annual Subscribers. But they never ensure that the newspapers reach the readers on daily basis as they entrust the job of delivery to local dealers. Since the money is collected in one lump sum, no monthly receipts are issued to the subscribers except some tokens which are collected in bunch (all the 12 months) by the local news agent. In case of non-delivery or deficiency of services, the parent newspaper owners never take any responsibility to redress the grievances neither the local news agents. How to proceed against such erring newspaper agents / owners?

praveen   23 January 2010 at 21:15

functions in dda society

Hi

Ours is a DDA Society in Rohini,Delhi.My flat is in front of the biggest park of my society.

The problem is that our R.W.A. permit funtionsi.e.Marriage,Reception,Engagement,Birthday functions to be organised in the park which is in front of my park.This creates a lot of problems to the residents especially me.This is because people use to drink etc. in the functions.Also the functions distrub our peace as the functions take place the whole night.
R.W.A. members use to take a lot of money from the function organisers which is not reflected in the balance sheet of our R.W.A. i.e.R.W.A. members siphon off the money in this way.

Pl. suggest me the ways to stop it.

sharwan kumar mishra   23 January 2010 at 13:57

trade mark

sir
if i am properitor of our concern then i want to f1 should be trade mark of our concern.it is possible or not? because f1 is trade mark of formula one,please advice me.thanks

regards
sharwan mishra

Anonymous   22 January 2010 at 18:45

creditcard

one person taken a creditcard and used. now the card expired may 2009 the card limit one lakh he paid monthly 5000 till this month again they told your outstanding amount is onelakh my question is any remedy for my problem how much he will pay now his position is very bad he want to proceed legally can he do that

barun deka   22 January 2010 at 18:29

primary/secondary evidence

dear friends,
the other day i was having a discussion with my friend regarding primary and secondary evidence.
going strictly by the book, a photograph apparently is considered as secondary evidence. during the course of our discussion, i suggested that where the character of a photograph is the question to be determined, it shall be regarded as primary evidence.
say, an obscene photo that is clicked of me violating privacy norms is put up on a public board. now when i take off the photo and file a suit against the person responsible for the act, wouldn't the photo be considered as primary evidence against his actions??? and only the photos clicked of the photo be secondary evidence???
my friend however argues that a photo no matter wat will remain secondary evidence.
i'm just out of law school and i'm not sure he's right... kindly post your opinions on it....

anubhav swarup   22 January 2010 at 18:18

need proformas of contracts

If I want to open a Medical Tourism Company I need to make some contracts which are mentioned below:-

1. Patient contract with Indismile

2. Employees contract with Indismile

3. Hospital signs with Indismile

4. Service providers/ travel co./relaxation and other service provider signs with Indismile.


As per my knowledge I have mentioned some points that are to be considered at the time of drafting the above mentioned contracts:-

For contract No.1(Patient Conract with the company):-

Ø Exclude the company of all liabilities

Ø Patient signs HIPAA disclosure agreement

Ø States that he is aware of the data security measures in place and excludes the company of any liability arising out of data loss/theft

Ø States that he is aware of all risks involved.

Ø States that he is aware of all pros and cons of choosing a particular hospital and doctor.

Ø States that he is aware of all pros and cons of the journey to India.

Ø States that he has provided all correct information, if not his insurance will not be honored

Ø States that he plans to go to India for purposes mentioned in this contract.

Ø States that he is aware of the Forex transfer rules.

Ø States that he excludes the company of all implied and non-implied liabilities.

Ø States that he understands each and every part of the trip as mentioned in the contract and fully agrees with each of them.

Ø States that he is aware of all the financial implications and costs and agrees to bear it himself/through his dependents.

Ø States that he will be responsible for all the company equipment and will return all the equipment to the company in the same condition as provided to him.

Ø States that he is aware of all the details of the Clements Insurance and agrees to abide by the terms and conditions.

Ø States that he is aware of all the details of the medical loan provided to him

Ø States that he is aware that local arbitration laws/rules will apply outside of the US

Ø States that he is aware of all terms of travel Insurance provided

Ø States that he is totally sane and is not under any kind of pressure.

Ø Signs in front of a witness.

Ø Signs also needed by immediate family members to exclude the company of all liabilities.

Ø Governing laws of Lucknow city will apply.



For contract No.2(Employee contract with the company):-

Ø Information non-disclosure agreement with Employees

Ø State that they will not disclose any information about the patient or company to anyone, in any way.

Ø State that they will not engage in any unethical transactions on behalf of the company.

Ø State that they will not engage in any kind of misconduct while on the company premises or while representing the company.

Ø No alcohol consumption while on duty.

Ø No sexual misconduct while on/not on duty.

Ø Their employment can be terminated at any time by the company.

Ø They might be asked to perform some official duties beyond their job description like travel to foreign countries, different cities in India, etc.

Ø Do not engage in any activity detrimental to the company’s image, mission, ethics and values.

Ø In case of any issues between employees and the company, Governing laws of Lucknow will apply.



For contract No.3(MoU with Hospitals):-

Ø Chosen doctor needs to have VC with patient. Any number of replies through emails will be honored.

Ø Agrees to pay the company 10% of the amount billed to a patient. Agrees to pay as soon as they get paid.

Ø Agrees to not divulge any client specific information to anyone who does not have a need to know for medical reasons.

Ø Agrees to provide a procedure slot within 2 months of the agreement of contact by the patient.

Ø Agrees to not charge anything to the company/Patient if patient does not like the facilities provided before admission. In this case the procedure and contract for the particular patient will stand cancelled.

Ø Agrees to provide a copy of the final bill to the company.

Ø In case of any legal arbitration, hospital will help the company with all case relevant data, documents, transcripts,

Ø Repatriation of remains will be handled by hospital. All the possessions of patient will be handed over to immediate relatives or the company representatives.

Ø In case a complication arises due to negligent behavior demonstrated by hospital/its staff, any costs arising out of the further medical expenses will be borne by the hospital.

Ø Agrees to provide all case papers whenever requested by the company for a patient facilitated by the company.

Ø Agrees that the company Medical Officers may tour their facility after a certain notice.

Ø Agrees that the company may use its logo, doctors, hospitals on website without any further permission from the hospital.

Ø Agrees that affiliates of the company are allowed to use the hospital logo, doctors and other hospitals information for marketing purposes.

Ø In case of any issues between hospital and the company, the governing laws of Lucknow city will apply.



For Contract No.4 (MoU with Ralaxation service providers/Hotels/Travel/ Applicable to all Svc providers) :-

Ø Any number of replies through emails will be honored.

Ø Agrees to pay the company 10% of the amount billed to a patient. Agrees to pay as soon as they get paid.

Ø Agrees to not divulge any client specific information to anyone.

Ø Agrees to not charge anything to the company/Patient if patient does not like the facilities provided before admission. In this case the contract for the particular patient will stand cancelled.

Ø Agrees to provide a copy of the final bill to the company.

Ø Agrees that the company Officers may tour their facility after a certain notice.

Ø Agrees that the company may use its logo, doctors, hospitals on website without any further permission from them.

Ø Agrees that affiliates of the company are allowed to use their logo and other details for marketing purposes.

Ø In case of any issues between Provider and MTF, the governing laws of MTF city (Lko) will apply.

I request all you honourable people to help me out and povide me with the required proformas.plz feel free to amend or add any more points that are required.

I will be really greatful.

Thanks & Regards,
ANUBHAV SWARUP

Anonymous   22 January 2010 at 18:13

new lawer

respecte sirs
i am new in proffessiion so how can i started carrier by right way or