Advice of legal Expert

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Query By Utpal Kumar Deka Barooah, New Delhi
I have also some problem with a software company. I ordered to make a cybercafe Management software to a company at the price of Rs.15000/- and Rs.5000/- initial advance. We have verval agreement and I given my requirement. He given me assurence with ha ha means all are possible with the amount Rs.15000/- and a receipt and I paid Rs.5000/- with a cheque. But now he not make the software accordingly. He said "your demand day by day increase more. I can't make the software on that amount, you have to pay more". So I asking him that if you can't make software please cencel the order and refund my amount. But he is not willing to refund the amount.
Now I want take legal action against him. Please tell me which procedure I should follow and how.

Reponse of our Legal Advisor Vivek Sood
You may sent the opposite party, a legal notice. It may lead to recovery of your money. Otherwise, your case is too small to be pursued. In future, you should enter into written agreements. Considering the facts of your case, it would be difficult to prove the same


Query from Gaurav Garg, Ludhiana

We have a cyber cafe at Ludhiana with 16 computers in half cabins. Some people write telephone nos of others on the walls of cabins. we have tried to clean these nos with thinners but could not succeed. Every time we cant keep eye on every customer. The telephone nos are of girls or boys. We cant get the walls painted daily. once a lady come to us and complained us that there was a call from some unknown person who has seen her nos in one of our cabin. What will be the legal aspect for the same. and how can be we safe from this.

Reponse of our Legal Advisor Vivek Sood
By way of abundant precaution, you should take effective preventive measures against visitors writing telephone numbers on your walls. In addition, you should remove these telephone numbers from the walls, from time to time, even if it means some inconvenience to you. Please keep the evidence of the steps you take in this regard. In the event of some serious incident, your due diligence and retention of evidence, would serve you with a good defence.

With a view to deter and discourage people from posting these numbers on your walls, you may put a notice that you would initiate legal action for damages against any person found doing the above. This may act as a scare for people.

Posting telephone numbers of others on your walls, does not consititute any criminal offence, in my opinion. It may amount to harassment and violation of privacy, for which damages could be claimed.


Query From Anand Patel, Gujarat
Im cafe owner name Mr. Anand Patel from Gujarat. I have my own cyber cafe in my city, here in my city police department or dsp or collecter department dont know how to issue cyber cafe licence so please can you give me some idea or help for licens

Reponse of our Legal Advisor Vivek Sood
I would not be able to help you on your query. You are requested to interact with the local authorities holding jurisdiction over your territory/district.