Advocate Mirza Faizan Assad

Questions Answered by Advocate Mirza Faizan Assad

Q: I got a call from HDFC regarding opening of credit card so many times.

My mobile number is registered under DND, but still I got so many times call from HDFC bank regarding credit card and also from Axis bank. Can I file a nuisance case and request penalty from companies who are disturbing me because time is most valuable thing and these people are wasting my valuable time and violated my rights.

Advocate Mirza Faizan Assad answered
complaint to TRAI and report these numbers and also you have an option to send legal notices to these banks. followed by a consumer complaint in district forum. record or collect all the evidence like phone recording , numbers etc

Q: Consumer complaint - State Commission & NCDRC Order in my favor

Hi, I'm Tej and have a query. I had filed a consumer complaint in the Hon'ble state commission. Though I won the case, there were some discrepancies in the state commission order, so I appealed before Hon'ble NCDRC on a state commission order and won the appeal too on 23rd May 2019. The respondents were directed to pay me. The respondents are not complying the NCDRC order instead are planning to file a SLP in supreme court against the NCDRC order. if the SLP is not admitted, then are they supposed to comply the NCDRC order or do they have any other option to drag the time instead of complying to the NCDRC order? Please let me know.

Advocate Mirza Faizan Assad answered
They will not have any other option if they fail before supreme court and have to comply with NCDRC ORDER. It would be better if you can share the order copy of NCDRC to advice you further after reading it.

Q: Refuse to marry a girl now, to whom i have told i'll marry her.

Three months back in drunken condition as well as normal time I was just told her that i will marry her or love, her some times in two months. In the month of may 2019 we were not in contact properly, she used to tell that she is getting married to another boy like that and in june 2019 she started calling me again and again in different numbers, i avoided and kept her number under call and message block list. now she is telling that she will approach police by telling she have evidence of message. what can be the solution for it. we din't met personally.

Advocate Mirza Faizan Assad answered
No one can stop any one from approaching police. if she approaches then you need to defend yourself with the evidence you have and deny her request to marry. No one can force any person to marry. solution is keep avoiding till she take any legal step and if you get any call from police then hire a lawyer and visit police station and give written statement by putting your context of refusal.

Q: Summons to skip? Or not? My Lawyer seems compromised with opposite pa

What if I don't attend the court for 3 consecutive summons on a reason that I did not receive the summons (false cheating case 417),.. Will I get the arrest warrant??? Please suggest me.. My lawyer is simply asking me to not to attend even for third summon because I did not get the summons. How far I am safe?? Indeed I am ok to attend. Why is lawyer misguiding me?

Advocate Mirza Faizan Assad answered
A summons or notice to appear is a court order. If you do not appear as ordered, you have violated the court order and may face serious consequences, Not getting summons is a good excuse but today or tomorrow you have to appear before the judge , as police will track you down easily to summon in the manner which they like.before they take other ways, when you have knowledge of the case appear with the help of your lawyer and get regular bail and keep calm and carrying on defending your case.

Q: Husband living in Dubai blocked wife want to claim maintenance

I got married in 2016 sept.my husband stayed 35 days with me and he return to dubai his job place.he works in Emirates and I was living with my inlaws after nine months I came back to my parents home as I was being tortured by my inlaws and my husband denies and From 16months im living with my parents.i tried my best to live with him but he wants me to stay with his parents and sisters.inthese two yrs we have spent hardly 50 days with each other.and now he is still in dubai.no contact nothing. I went to dubai also without letting him know...i stayed one month with my dad in dubai..i tried to contact my husband but he blocked me from everywhere.after a month I came back India.. what should I do .he filed a case on me that I dont want to stay with him..and thats not true.i just want to live with him but not with his family.plz help me

Advocate Mirza Faizan Assad answered
When you know your husband was working outside then definitely he will go abroad to work for his living. You should have demanded at the time of marriage itself that he needs to take you to Dubai along with him after marriage. Well happened is happened.Now as you say he has filed case of restitution of conjugal rights claiming you are staying away and wants you back. You appear in this particular case and defend the same with the help of your lawyer. You have few options.1. Trying to bring both families for mediation and settle this matter amicably.2. As he is staying away from you and it's his responsibility to look after you for this you can file a maintenance case and also domestic violence case against the in-laws as they used to torture you.3. If he is running away from past two years without giving any information about his whereabouts it shows he is not interested in marriage , so your family should come to a conclusion to end this marriage via khula or filing a divorce petition in family court and also you can claim all your belonging and gifts given in marriage and alimony. 4. You can also try to contact his employer or join Facebook groups where husband's abandoned there wives and living in abroad. These groups help you in finding him by the help of other womens living abroad. 5. If you want to save marriage and wants to leave with him wait till he comes back to India and take necessary steps involving him and both families.