Lawfully Yours By Retired Justice K Chandru

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court

By :  migrator
Update: 2021-02-07 18:23 GMT

Chennai

Demand compensation, not just refund for deficiency

I drove from Chennai to Tiruchy in my car using FASTag’s SBI account for toll payment. The first time I crossed the Vikravandi toll booth on Oct 1, 2020, I got a debit for toll charges of Rs 80. Then again I was debited Rs 80 on Dec 7, 2020. In addition to this, I received an SMS from the Vikravandi toll booth at the same time, informing Rs 380 was deducted. I got a refund after I complained with helpdesk.fastag@sbi.co.in. Now, for the third time on Jan 20, the Vikravandi toll booth has sent an SMS deducting Rs 380 apart from toll charges of Rs 80. I made a complaint on the same day but still, no refund was received. They repeatedly commit mistakes and I am facing this problem every time I travel. How to solve this and put an end to it?

— M Balasubramanian, Nanganallur

For any deficiency in service, you can approach the consumer court. You can seek not only the refund of the money deducted without reason but also a higher amount as compensation for the deficiency in services.

One can request for changes in application for passport

While applying for a passport, I had furnished the details of my rented premises as address proof. However, I had to shift all of a sudden following an altercation with the landlord. Now he refuses to take my call and has verbally indicated that he will not verify my address. Can I appeal to the local police station and share with them my new address or will I have to apply again for a passport? — Selvaraj, Anna Nagar

If your landowner is not helpful, you can always inform the local police station regarding the change of address. However, you can write to the passport authority and make the necessary changes in your original application form. Having applied once, you cannot reapply and you can only insist on making corrections in your original application for the passport.

Maintenance decided based on requirement, affordability

I have applied for divorce and my wife is contesting it, though both of us are sure that we will never reconcile. She is asking for alimony of Rs 2 lakh a month that I can’t afford as I have lost my job. I recently found out that she has inherited a property which will fetch her at least Rs 30 crore. Will any judge consider this as evidence that she does not need my money?

— SK via email

Normally maintenance amount is decided based on the requirement of the spouse and also the affordability of the other side. You can bring in evidence of your wife recently acquiring a high-value property and that will be considered. The court also will take note of your present unemployment status.

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns

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