[condor]

Originally Posted by NomadSK

You don't have to bear it, you can always raise the concern with the nearest police station.

Please share your personal experience in dealing with such a situation that you have been in.

[NomadSK]

Originally Posted by condor

Please share your personal experience in dealing with such a situation that you have been in.

Well it wasn't directly with the noise of the generator, but a nuisance of a "dog barking" all night. At that time, I tried to find what various avenues/rights as a citizen I have to resolve this and eventually talking to a neighbor solved my problem, so didn't pursue it further. However, during that time, I learned about the rights I have against noise pollution;

[Capri89]

Hello lawyers,

I am writing to inquire about a consultation regarding a job offer my daughter has received.

The company (service based) has requested that she provide a client list from her previous employment. Are there any ethical and legal concerns about sharing this information upfront before a formal offer letter is made, particularly if it might contain confidential details? Additionally, the company also expects that she convert these clients to the new company within a year. The offer letter will only be released upon providing the client lists by her.

Please advice on how to approach this situation. Kindly treat it as urgent.

Willing to discuss the specifics if additional information is needed.

Thanks in advance for your time and consideration.

[Engine_Roars]

Originally Posted by Capri89

Hello lawyers,

I am writing to inquire about a consultation regarding a job offer my daughter has received.
Please advice on how to approach this situation. Kindly treat it as urgent.

Willing to discuss the specifics if additional information is needed.

Thanks in advance for your time and consideration.

Could you share more details on the profile of your daughter's job? It will help in giving better suggestion, however in general, I see the conditions put out as red flags.

[Capri89]

Originally Posted by Engine_Roars

Could you share more details on the profile of your daughter's job? It will help in giving better suggestion, however in general, I see the conditions put out as red flags.

Majority of the role consists of delivery and project management with some of her responsibilities in pre-sales, solutions and sales in the ed tech space.

Her compensation is split into fixed (75%) and variable (25%). The variable being paid out only on achieving sales targets.

[Ananthang]

Originally Posted by Capri89

Hello lawyers,

I am writing to inquire about a consultation regarding a job offer my daughter has received.

The company (service based) has requested that she provide a client list from her previous employment. Are there any ethical and legal concerns about sharing this information upfront before a formal offer letter is made, particularly if it might contain confidential details? Additionally, the company also expects that she convert these clients to the new company within a year. The offer letter will only be released upon providing the client lists by her.

Please advice on how to approach this situation. Kindly treat it as urgent.

Willing to discuss the specifics if additional information is needed.

Thanks in advance for your time and consideration.

Happens very frequent in Insurance & MF industry. Pulling clients even within branch happens. Can’t comment on ethicality as pouching is fundamental of any Business.

But what job guarantee once you provide details they will simply say the position went on hold. Tagging it with Offer letter seems dubious for me.

[VWAllstar]

Originally Posted by Capri89

The company (service based) has requested that she provide a client list from her previous employment. Are there any ethical and legal concerns about sharing this information upfront before a formal offer letter is made, particularly if it might contain confidential details? Additionally, the company also expects that she convert these clients to the new company within a year. The offer letter will only be released upon providing the client lists by her.

Not a lawyer however being an ex HR of a service based company, this sounds unethical and dubious. Infact it is the other way round that even during interviews it is suggested to not take client/project names. Your daughter may have signed a non disclosure agreement during her onboarding to the current company. Moreover, during the exit formalities they may also get her to sign a non disclosure agreement which is time bound. The expectations of converting the clients to her new company is funny and at the same time raises a red flag. Company/employees do the same but it is an unwritten understanding and need to be smart while the conversion to avoid legal issues.

[Gansan]

Originally Posted by condor

This is very loud, almost unbearable.

I am not a lawyer. Guess you have already raised this concern with the building owner? If they raise the exhaust to a good height a lot of the sound will abate. If you live in an independant house, raising your compound height a few feet above the generator level can appreciably reduce the noise. It will be better to rope in the residents welfare association and meet the owner; if unfruitful, seek legal recourse.

When I worked in Bangalore our office had a large generator. The office was a two storey building. A neighbour behind our building complained the noise was bothering him. His was a single storey building. So we raised the exhaust pipe of the DG set up to our roof and the issue was solved.

[condor]

Originally Posted by Gansan

If they raise the exhaust to a good height a lot of the sound will abate. If you live in an independant house, raising your compound height a few feet above the generator level can appreciably reduce the noise... if unfruitful, seek legal recourse. .

Thanks, @Gansan.

It's not the exhaust fumes. The exhaust is already being directed to above roof level, close to a good 40 ft above ground level. It's not easy to raise the compound wall there - we will need a lot of work and not just heighten the wall in that section.

*

I am looking for a proven solution that will be binding on that owner and without animosity.

[swiftLife]

I would really appreciate help from a lawyer or expert on this issue, as I am considering taking it to Consumer Court.

Could you please advise if there is any merit to this case?

In March last year, I bought a Daikin 1-ton non-inverter AC for my kitchen, which is about 95 sq. ft. I chose the 1-ton capacity after using both the tonnage calculator on Daikin's website and consulting the Daikin dealer from whom I purchased the AC.

After I started using the AC, I immediately realized that it was insufficient. The ambient temperature in the kitchen remained much higher. Upon further inquiry with some AC specialists, I learned that kitchens have a high heat load, making a 1-ton unit inadequate.

Unable to find a grievance redressal mechanism or escalation ladder at Daikin India's website, I sent an email to the MD and CEO of Daikin Mr. Kanwaljeet Jawa.

Mr. Vishal Nair (General Manager - Service at Daikin India) responded to my email and called me. He agreed that a 1-ton unit was insufficient and that the tonnage calculator was not intended for kitchens; a minimum of 1.5 tons was necessary. I asked if Daikin could take back the 1-ton unit and sell me a 1.5-ton unit, with me paying the price difference.

He said they would check and get back to me. Since then, my case has stalled. It was forwarded to Mr. Harpreet Bhatti, the area service head, who proved to be inconsiderate and unscrupulous. He evaded the issue and provided nonsensical reasons to argue that Daikin was not at fault.

When I stood my ground, a meeting was arranged at the dealer's location with the owner, Mr. Bhatti, and myself. The dealer insisted that they recommend a tonnage based on the rule of thumb of 1 ton per 100 sq. ft. and was not aware of the special requirements for kitchens or the concept of high latent heat. Mr. Bhatti continued to deny that the AC's capacity was insufficient and avoided discussing the matter objectively.

The meeting ended without resolution, and Daikin ultimately dismissed the issue, citing nonsensical reasons. Much of our communication also took place through emails (over 20 exchanges between me and Daikin). I can attach a PDF of these emails if needed.

I somewhat accepted the situation last year, but now, with the onset of summer and seeing the AC's ineffectiveness in the kitchen, I cannot let it go. I am urging my wife to discard the 1-ton unit (perhaps sell it on OLX) and purchase a 2-ton unit. However, she is reluctant to dispose of a nearly new AC.

So, my questions are:

1. Does my case have any merit in consumer court?
2. If yes, should I file the case against just Daikin, or the dealer as well?

[aashishnb]

Originally Posted by swiftLife

Could you please advise if there is any merit to this case?

Not a legal opinion, but a few practical points:

1. Very unlikely you will get anything by going legal. Nobody really checked your usage requirements & suggested the tonnage, it was calculated by you. Even if someone did, would be very difficult to try & get something out of it.

2. Since kitchens generally have a lot of heat largely from the gas/stove, do you have a (strong suction capacity) chimney right above it? If not, please try - capacity it may help reducing the overall heat load on the AC.

Alternate is to have a strong exhaust positioned in such a way that it is able to pull hot air above the hob.

3. More often than not, ACs don't really work in kitchens. Having cross ventilation + strong exhaust system + good fan sometimes works better. The problem is less about cooling the air and more about evacuating the relatively 'hotter' air.

[vinu_h]

Folks my question is both will / nominee and telecom operator related.

Most websites today like bank accounts, EPF, NPS, Morgan stanley, E trade, ICICI direct etc ask for an OTP upon logging in/withdrawal. Say the primary account holder passes away at an accident and the mobile phone too is lost, will legal heir(s) be able to have a replacement SIM issued on the back of the fact that they are legal heir(s) ?

I am of the understanding that there is no concept of nominee in the case of a telecom operator, so such requests will be turned down. While username and password can be left behind, OTP will surely be needed to login and to withdraw.

Thanks in advance.

[Ays7]

Originally Posted by swiftLife

So, my questions are:

1. Does my case have any merit in consumer court?
2. If yes, should I file the case against just Daikin, or the dealer as well?

As a practicing Advocate, my advice would be to move on from this. There is no case against either Daikin or Dealer. The company will successfully prove that in India, AC's are normally not used in Kitchens and that their online calculator was not designed for special areas.

Even if there is a remote chance of you winning, the court case will most likely take years, and if you engage services of a good lawyer, the cost will be more than that of an AC.

If you decide to fight the case yourself, you will be looking at taking leaves from work to be present on every court date, so salary loss/leave loss will start to add up.

I would dispose off the old AC, move to a new one with sufficient tonnage if I were you.

Cheers.

[Jaguar]

Originally Posted by vinu_h

Folks my question is both will / nominee and telecom operator related.

I am of the understanding that there is no concept of nominee in the case of a telecom operator, so such requests will be turned down. While username and password can be left behind, OTP will surely be needed to login and to withdraw.

Thanks in advance.

Not a lawyer.

My understanding is that if the account holder is no more, the nominee or legal heir is not supposed to login and transact on the account. Rather they should inform the bank who would transfer the funds to the nominee's account and close the original account.

[swiftLife]

Originally Posted by aashishnb

Not a legal opinion, but a few practical points:

Originally Posted by Ays7

As a practicing Advocate, my advice would be to move on from this. There is no case against either Daikin or Dealer. The company will successfully prove that in India, AC's are normally not used in Kitchens and that their online calculator was not designed for special areas.

Even if there is a remote chance of you winning, the court case will most likely take years, and if you engage services of a good lawyer, the cost will be more than that of an AC.

If you decide to fight the case yourself, you will be looking at taking leaves from work to be present on every court date, so salary loss/leave loss will start to add up.

I would dispose off the old AC, move to a new one with sufficient tonnage if I were you.

Cheers.

Thanks guys for replying. My only question here is that how was I supposed to know that ACs are not effective in kitchens.
Neither on Daikin's website and nor by the authorized dealer I was given any information on this.

I knew life of ACs is less in kitchen and I am okay with it but if the AC is ineffective (which I now know practically), I won't have purchased it in the first place