Advocate Mohammed Zain Khan

Questions Answered by Advocate Mohammed Zain Khan

Q: Can case be instituted against ex husband for not giving maintenance?

My ex husband says he is not working and cannot pay maintainance for the son. can i put a case against him in court. Can the court take action against him when not paying maintaince. MUSLIM RELIGION.

Advocate Mohammed Zain Khan answered
Dear Madam,You can file a an application under section 125 of Criminal Procedure Code 1908 and seek maintenance from your husband. The court will verify the earning of your husband and accordingly award you maintenance .

Q: Delay in handing over the possession of re development flat.

I own a MHADA flat in mumbai which was took over by a builder in 2007 for redevelopment. Until today he has not completed the project and since last year he has stopped patting monthly rent. Please advise how to go ahead about this.

Advocate Mohammed Zain Khan answered
Dear Sir/Madam,You can issue a notice to the Developer to pay you the monthly rent, possession of the your flat along with the losses incurred by you if any. Thereafter, you can file a Complaint with MAHA RERA or under Consumer Protection Act depending on your agreement entered into with the Developer.Kindly get in touch for taking the matter further.

Q: Can consumer court order judicial enquiry? And can it be against RBI?

Hi, 1) I have uncovered a major scam and malpractices by banks of illegal as well as criminal in nature. 2) Police say they cant do anything because it is Non-cognisable in nature. 3) CBI says they cant do anything because they are private banks. So unless state instructs them they cant do anything. 4) RBI has chosen to not respond at all. it has been 4 months since no response from them. 5) basically all the authorities are ignoring me. 6) keeping the case details aside, can I move into consumer court to get a judicial enquiry into the malpractices. 7) Till now it was one bank, I was chasing the bank. Now I have reported two banks and RBI is just ignoring me. Somewhere it is inaction of RBI that is causing the problem I feel. 8) So my question is Can i take both the cases to the consumer court and make RBI a party or does it have to be some other court. If some other court, Which one is less expensive and faster in nature? Thanks.

Advocate Mohammed Zain Khan answered
Dear Sir/Madam,Your complaint will not be entertained by the consumer Court. You will have to file a private complaint with the First Class Judicial Magistrate for registering offences against the Banks.

Q: What to do in case of non payment of consideration for property?

Ancestral property in my home town was sold in the year 1992 to a party for Rs. 150000/-. The sale deed was registered and part payment of Rs. 30000/- was receivd. The purchaser faced litigation from the property neighbour soon after.The legal proceedings went on for years and the case was settlled in favor of purchaser in 2016. The remaining part of consideration was not paid to us, ie Rs. 120000/- till now. We have not heard from the purchaser on the settlement . Ques 1 : In case the purchaser do not agree to settle the remainder consideration amount, what legal recourse is available at our disposal? Can agreement be cancelled on the ground of non payment of consideration. if not, can a civil suit be filed for annullment? Ques 2 : In case the purchaser does agree to settle the remainder of the consideration, what shud be the amount? The value of property is 93 Lacs now and it is a opportunity cost loss for us. Who can determine the exact value and on what basis. pls suggest.

Advocate Mohammed Zain Khan answered
Dear Sir/Madam,You can institute a suit for cancellation of the Sale Deed against the purchaser on the ground of non payment of the consideration price before the Civil Court having appropriate Jurisdiction. If the purchaser is agreed to pay the price and settle the matter you can amicably decide on the amount to be paid over and above the amount of Rs. 150,000/-.

Q: Harassed by make my trip, what to do

We booked roind way flight ticketsfrom Mumbai to prague.. It was clearly mentioned that the tickets were refundable and flexible before departure. About 8 hours before the return journey I tried to cancel them and get one for the next day but they wouldn't let me. They said I could do that and pay the difference between the tickets which was greater than the cost of fresh tickets at their website at that momeny. After being on call with them for 6 hours we were stranded in another country and had to buy fresh tickets to come back. I'm the following five months I contacted them thousands of times on calls, emails even tweets with no proper response. They eventually said the airline would give an amount of approx 10,500 where as the tickets coated 50,000+. I sent my consent for the refund. And now they charge me 10,233 as their own penalty and are giving me back only 227 rs. I did file a case with the consumer forum online with no proper response.

Advocate Mohammed Zain Khan answered
Dear Sir/Madam,You will have to file a proper case before the Consumer Forum by engaging a lawyer who would be able to draft the case and present it before the Consumer Forum in an appropriate manner. Feel Free to get in touch for furhter assistance.