Advocate Mohammed Asif

Questions Answered by Advocate Mohammed Asif

Q: Legal notice sent for the messages circulated in WhatsApp group

A neighbour has sent a legal notice stating we caused a mental trauma to him bcz of messages in wtsapp group. He cited we have to tarnished his image and spoiled his reputation. Wherein nothing was done of tat sort. Apparently this person in not even part of wtsapp group. How can we deal with this kind of situation ….

Advocate Mohammed Asif answered
A legal notice is only an allegation, not proof. If the claims are false, there's no need to panic. Reply through an advocate, firmly denying the allegations and asking the sender to produce evidence. If the person was not even a member of the WhatsApp group, proving defamation or mental trauma becomes difficult. Preserve all chats and related records, avoid unnecessary communication, and let the matter be addressed through a proper legal reply.

Q: Agent took money for Health care Visa and student visa

Agent took money for Health care Visa and for student Visa admission for U.k which he didn't do it in 2023 since than keep postponing and not answering call know i keep chasing after long time he gave 1.2lakhs yesterday and gone again he took around GBP 30K which is around 38 lakhs what are the legal action I can take to recover my money

Advocate Mohammed Asif answered
You should immediately issue a legal notice to the agent demanding repayment of the entire outstanding amount within a specified period, failing which appropriate legal proceedings will be initiated. In addition, a police complaint may be lodged for offences such as cheating, criminal breach of trust, and misappropriation of funds if the money was obtained on false promises. You may also institute a civil suit for recovery of the outstanding amount along with applicable interest and legal costs. If the agent is operating through a consultancy or any business entity, appropriate legal action may also be taken against the firm. Further, all relevant evidence, including payment receipts, bank statements, WhatsApp chats, emails, call records, agreements, and documents relating to the visa process, should be carefully preserved to support your claim.

Q: Industrial Noise Pollution Causing Health Issues in Residential Area

I am facing continuous excessive noise from industrial machinery operating in a residential area. I have submitted complaints to the Pollution Control Board, Police, and GHMC, but no effective action has been taken. The Pollution Control Board directed me to approach the police, while the police stated they can only issue a challan and cannot stop the activity. I have also filed RTI applications seeking information about permissions, inspections, and action taken.The continuous noise is seriou

Advocate Mohammed Asif answered
A writ petition may be filed before the Hon’ble High Court seeking directions to the concerned authorities to take immediate action and stop the operation of industrial machinery in the residential area. The petition can also request the authorities to prevent any unauthorized industrial activities being carried out in the locality. Such directions would help protect the residents from continuous noise pollution and other disturbances, ensuring a peaceful and safe living environment.

Q: Issue of mental harrasment and threating

Hello Advocate,Iam sowmya from Telangana. I came across mental harrasment and threating issue which happened in 2021 for my sister. Before I had no evidence so I was not able to file a case. Can I file a case now after 5 years since I have evidence now?

Advocate Mohammed Asif answered
Yes, your sister may still be able to take legal action even though the incident occurred in 2021. The delay in filing a complaint does not automatically prevent a case from being registered, especially if relevant evidence has only recently become available. She should submit a detailed written complaint to the police explaining the incidents, the nature of the threats or harassment, and the reason for the delay, along with all supporting evidence now in her possession. The authorities will assess the allegations and evidence to determine the appropriate course of action. If the police do not take action, she may approach the jurisdictional Magistrate for suitable directions. Before that I need to examine the facts and evidence and guide you on the most effective legal remedy available.

Q: Consultant took ₹2.4 lakh for Europe job and cheated me

I paid ₹2.4 lakhs to a consultant for a Europe job process after he promised me a job abroad. Later, he provided an offer letter which I strongly believe is fake.After approaching the police, I came to know he allegedly cheated around 86 people and the total fraud amount is approximately ₹3.4 crore. Multiple FIRs are already registered against him. Police did not register a separate FIR on my complaint and told me they would add my complaint to the existing FIRs.Initially, police did not take proper action. Later, after approaching senior officers, some action was taken, but he got bail very easily. His office is now closed, he changed his mobile number, and I also came to know he filed IP/insolvency proceedings in court to avoid returning money.Because of him, I wasted one year and lost my hard-earned money. What legal action can I take now? How can I recover my money back? What legal options are currently available for me?I have payment proofs, chats, and related documents.

Advocate Mohammed Asif answered
Based on your case facts, your immediate focus should be on both the criminal case and recovery of your money. Since multiple FIRs have already been registered against the consultant, ensure that your complaint, payment proofs, chats, bank records, and all supporting documents are formally included in the investigation. If the police are not conducting a proper investigation, you may first approach the jurisdictional Magistrate for appropriate directions and consider approaching the High Court only if there is a serious failure of investigation or violation of your rights. For recovering the ₹2.4 lakh paid by you, a separate civil recovery suit and, depending on the nature of the services offered, a consumer complaint may also be maintainable. If the consultant or his company has initiated insolvency proceedings, it is essential to obtain the details of the case and file your claim before the appropriate insolvency authority, as this may directly affect your chances of recovering the money.