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DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, VISAKHAPATNAM

Client Counselling Competition


30th August 2019
PROPOSITIONS FOR THE COMPETITION

Problem 1:
Veera Lingam is a sales man working at SkyTel Telecom Company in Chennai. His mother
Mrs. Gopamma gave birth to him along with his father Mr. Boda Lingam but they never
married. Later on, Boda Lingam eloped with Ms. Anjamma, married her as per Hindu Marriage
Act, and together they gave birth to Shesha Lingam. This new family started living in
Hyderabad, but Veera Lingam and his mother were left in Tanjavur uncared by Boda Lingam.

Ms. Gopamma worked very hard in mines and other construction sites as laborer and educated
her son. Realizing his mother’s hard work, Veera Lingam also never neglected his studies and
put his best efforts to be at a good position. Once, while he was pursuing his B.Com (Hons), at
Osmania University in Hyderabad, he met his father, a retired attender in the same University
who used to collect his pension amount on every first day of the month. Though Veera Lingam
had very less instances to meet this father, one day his father promised him that his assets will
be equally distributed between Veera Lingam and other son Shesha Lingam. Every
conversation of Veera Lingam with his father was shared to his mother. She felt happy for her
son after all the sufferings she’s gone through.

Meanwhile, Veera Lingam started working in Chennai and shifted along his mother to the same
city. Within few days he got news that his father expired and at the same time his mother was
diagnosed with 2nd stage cancer. He now wants to recover his share from his half brother Shesha
Lingam for which he is not positive. His also wants to get compensation from mining and other
construction companies where his mother was working as working there might be a reason for
her cancer. He approaches you for advice on getting the above two claims, so that he can have
enough money to treat his mother.

Additional Facts:

1. Boda Lingam inherited Rs 3 crore worth ancestral property, which was on his name at the
time of his death.
2. These above said properties are located at Guntur district in the state of Andhra Pradesh.
3. His pension amount was around Rs 7,000/- after his death.
4. There was no will written by Boda Lingam.
5. The Construction and Mining industries were Ms. Gopamma used to work are not
registered and comes under unorganized sector.
6. The salary of Mr. Veera Lingam is around Rs 16,000/-
DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, VISAKHAPATNAM
Client Counselling Competition
30th August 2019
PROPOSITIONS FOR THE COMPETITION

Problem 2:
Ms. Krupa Rani is school teacher in Dave Public School, at Noida. She is married to one Mr.
Raghav Sharma on 17th Jan 2013 in Noida. Her husband was not supportive to her continuing
the job since the initial days of their married life. As he is a government employee, he got
transferred to Pune, while his wife denied to leave the job and accompany him. Initially he left
for Pune and settled things but was missing his wife.

She once called her husband on mobile phone and told that she found a job in Pune at an
educational training institute, where her working hours was such that she had leave to the
institute after her husband comes home from office and return late night. Hence, he denied her
doing that job and just insisted her to stay with him and enjoy the life, for which Ms. Krupa
Rani rejected his offer. Day by day the arguments between them became severe while she was
arguing for her individuality and freedom and on the other side, he was arguing to leave the
job and take care of the house and enjoy the married life. He used to visit her occasionally
during vacation or festivals.

It’s been one year where the both are not living together and one day Raghav Sharma filed a
petition for restitution of conjugal rights. Being unknown of the purpose of the said petition
against her, she was worried that she might be forced to leave her job, hence, she on the other
hand wants to get divorced from her husband. Can she avail divorce? She also wants to get
compensation from her husband for mental harassment as he was always forcing her to leave
the job. She approaches you for advice.

Additional Facts:

1. Ms. Krupa Rani is an individual woman, who doesn’t want to depend on anyone.
2. She is a short-tempered woman, with severe mood swings.
3. Many a times, during their arguments, Mr. Raghav Sharma physically and orally abused
her as she was not willing to leave the job and join him.
4. At present, Ms. Krupa Rani is at 4th month of her pregnancy.
5. She stays at her maternal home in Noida while doing the job.
DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, VISAKHAPATNAM
Client Counselling Competition
30th August 2019
PROPOSITIONS FOR THE COMPETITION

Problem 3:
Ms. Danerys is fond of pet animals, especially just born puppies. She used to collect the puppies
after they spend sufficient time with their mother and nurture them for few months and give
them to either pet shops or one who is in need of them. One day there was an international pet
exhibition in her locality in Mumbai and she visited the same. She thoroughly visited all the
stalls and was on cloud 9 that day.

She did not buy any puppy, but her heart was reminding her about one German shepherd which
was on display in one of the stalls. As she couldn’t remember the price of it, on the same night
she had mailed to the concerned Pet Stall, which says, “hi pet shop, this is Danerys from
Mumbai. I really love the German Shepherd displayed in your stall today. I actually wanted to
know the price of it. My budget is around Rs 25k to 30k.” She couldn’t attend the next two days
of the exhibition as she left for vacation to Bali. Meanwhile, on the second day of exhibition
the stall in charge has mailed her saying, “Thank you ma’am for your interest in this pet. For
you we’ll even give a discount and round it off to Rs 20k. Please collect the puppy you’ve asked
by tomorrow 10:00PM. We’ll be waiting for you.”

Ms. Danerys has received the mail on the same day, but didn’t notice it as she was on a vacation.
Ten days later, she returned and read the reply mail of the pet shop and also found another mail
saying, “Hello ma’am, its been five days we are trying to reach your mobile but we couldn’t.
I also missed my scheduled flight to my country and waiting for you in Mumbai to handover
the puppy as you asked. Though many showed interest in this puppy I rejected their offer as I
am already in an agreement with you. So, please show up in the next five days and call to my
number, if not complied with I’ll take a serious action against you where you have to pay
damages for not letting my puppy go on sale to others, my flight charges, my stay in Mumbai
and mental harassment. Looking forward for your call. Thank you...!!”

She is totally confused on how to deal in this issue, as she’s not at all interested in buying that
puppy now. She is also afraid of the future consequences and has approached you. Advise her.

Additional Facts:

1. Ms. Danerys was 19 years old when this conversation took place.
2. Her parents who are settled in USA appointed her grandfather as her guardian.
3. She holds an Indian Passport.
DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, VISAKHAPATNAM
Client Counselling Competition
30th August 2019
PROPOSITIONS FOR THE COMPETITION

Problem 4:

Mr. Vasu Bhai, a resident of Sabbavaram has recently started using smartphone. Slowly
adopting the same, he found his interest in online shopping in various apps available in Indian
market. He started shopping various garments, grooming instruments, cosmetics and other
things which makes him look trendy in the locality.

In furtherance of the same, he ordered for a trimmer of Sikka brand which is a globally
recognized brand from Yemazon app at 80% discount, which had one-year warranty. Hence,
he bought the same for Rs 200 instead of its MRP 1000/- The return-policy of this e-commerce
app is that a mail has to be sent within fifteen days of receiving the product. If not complied
with the same, the return will not be accepted. After twelve days of receiving the trimmer Mr.
Vasu Bhai at leisure opened the packaging and found that the trimmer has some defect in it and
wanted to return the same. By the time he understood the process for return, fifteen days has
lapsed, hence, the return mail of his was rejected.

Being aggrieved by this rejection, Mr. Vasu Bhai felt the e-commerce app was a fraud by
realizing such heavy discounts to attract customers and sending such defective products for
such price and not accepting the return when the defect is existing before he even started using
it. He’s totally confused now, as how to recover damages for this product and approaches you.
Advise him.

Additional Facts:

1. While installing the Yemazon app on mobile, the agreement clearly mentioned that any
dispute with the company shall be dealt through arbitration at Delhi.
2. This agreement clause was never read by Mr. Vasu Bhai and scrolled down the
agreement and agreed for the same.
3. The warranty card in the trimmer box was put in the trash along with the packaging as
it was unnoticed by Mr. Vasu Bhai.
4. Educational qualifications of Mr. Vasu Bhai: 12th standard discontinue.
5. He is a rich man in that locality.

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