• Poor service and mental harassment by Nestaway

Hi 

I am the owner of the property in Bangalore and had hired Nestaway as the Management company to look after my apartment. Nestaway breached the contract by not paying a few months' rent and had not maintained the property up to the standard, in fact, it was in a very poor state. They discarded the furnishings without permission. They did not even return the deposit of the tenant which we had to honor as we did not want the tenant to suffer due to mismanagement of Nestaway. We raised several complaints with Nestaway including their CEOs and social media too. Their promoters never bothered to respond and the social media comment they used to delete immediately. They were unable to resolve the open issues. We also spent a good amount on getting the flat repaired. Now after several months, they have sent us a legal notice stating that we have to pay them money. We are sick and tired of this company and had been under mental distress due to the way they dealt with our property and complaints. I would like to take a stance here. Can I reply to the legal notice directly or should take the help of a Civil Lawyer. What should be my stance and how can I seek compensation for the mental harassment and inconvenience as well.

Thanks
Anu
Asked 3 years ago in Consumer Law

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14 Answers

You should send them a legal notice or reply to the notice they have sent.

A consumer complaint should be filed against them in the district consumer forum immediately for deficiency in services and unfair trade practices.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Better to seek help of a lawyer. Let a lawyer reply your reply to this notice/counter claim on the basis of inputs that you will provide to your lawyer. 

 

In case the issue is not resolved by your reply, drag them to the consumer court. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You can reply to legal notice directly or engage a lawyer if you so desire 

 

you can sue the company for damages on account to of mental torture undergone by you for their failure to pay rentals   Security deposit ,failure to maintain property 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

File case before the consumer forum where in all your grievances would be aptly redressed 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1. You can also reply to the said notice but it will be prudent on your part to take the heklp of a lawyer to send reply to their legal notice.

 

2, Nestaway is the service provider to you and you stand as a Consumer to them.

 

3. File a complaint case before the local Consumer Dispute Redressal Forum against the party alleging deficiency in service and unfair business practice claiming payment of the amount mentioned by you in your query with all other payments they were required to make as per the contract, interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Firstly you collect all the evidences of their debacles and ascertain the losses and damages you suffered due to their mismanagement including the amount you returned to the tenants. 

After that you may neatly draft a reply notice to their legal notice denying their allegations and the demands made by them. 

Subsequently you add your plight and grievances in this reply chronologically and assess the total loss you suffered due to their negligent and irresponsible maintenance activities,  make a demand for compensation in lieu of the damages and expenses you incurred in this regard. 

If you are unable to prepare a legally strong reply notice,  you may approach an advocate either from this forum or an advocate of your choice outside. 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Dear Madam,

1. Please file a case in the consumer disputed redressal forum. It is best you hire a civil lawyer for the same. The results are speedier in a consumer dispute forum, where in you can mention that you have been exploited and mentally harassed. 

2. It is best you take the help of a lawyer while filing a reply to the legal notice.

Thank you

 

Anik Miu
Advocate, Bangalore
8853 Answers
110 Consultations

4.7 on 5.0

You can engage the services of a lawyer from anywhere in India to issue a reply notice to the legal notice you have received.

The lawyer fee for issuing a reply notice shall depend on the lawyer you may engage, it cannot be predicted by another lawyer.

This platform cannot be used for drafting the reply notice or issuing a legal notice or any such services anymore.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Reply can be sent by any lawyer from any where in India 

 

2) legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Any lawyer can send a reply to this notice, and it isn’t necessary that he/she be based out of Bengaluru. 

lawyers from this portal too, can draft and send a reply on your behalf.

 

fee varies on from lawyer to lawyer, based on experience and standing of the lawyer 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. The lawyer can be from anywhere in India.

2. Reply through your lawyer to the notice without fail as failure to reply to a legal notice is tantamount to admission of allegations.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Madam,

1. Since the property is in Bangalore and this dispute shall be resolved in Bangalore, it is best you hire a civil lawyer from Bangalore. 

2. Lawyer's fees vary from lawyer to lawyer and it is difficult to give an exact estimate. It also depends on factors like whether you are hiring an independent lawyer or a lawyer from a firm.

Thank you

Anik Miu
Advocate, Bangalore
8853 Answers
110 Consultations

4.7 on 5.0

1. You can send reply to the said legal notice through your lawyer placed anywhere in India.

 

2. The reply might cost you Rs.6,000/- by Kolkata lawyer and further legal expenses can be determined after they file the case, if they file the case at all.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

- Yes, you should reply the said notice and thereby warn that you are going to take legal action , and better take help of a lawyer for the said reply. 

- You can claim compensation after filing a compliant before the Consumer forum , and any relative can also file this compliant on your behalf , if your are residing out of India. 

- Yes, any lawyer of any part of India can send the said reply .

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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