Advocate S Mubarak Begum

Questions Answered by Advocate S Mubarak Begum (25+ answers)

Q: Is it legal to run coaching classes in residential area from apartment ?

Is it legal to running coaching centre from apartment/residential society. We have a commercial space. But it is very small. So ,we are planning to rent out a residential apartment nearby. We wont be advertising this residential space and there wont be any posters or banner in this residential place. Society also does not have any issue. So ,my question is it legal to use resedential/apartment premise as a study center? Thanks

Advocate S Mubarak Begum answered
Operating Coaching Centers from Residential Areas is illegal .As per the ruling given by Hon'ble Apex Court in RAJASTHAN COACHING INSTITUTES ASSOCIATION VS JAIPUR DEVELOPMENT AUTHORITY it was directed by the Hon'ble Supreme Court that the coaching centers in Residential areas should be shifted to some commercial premises or Institutional Areas . And also observed that " No Coaching Center can function in areas where the width of the Road is less than 40 feet" . therefore it would be illegal if you run an Institution in the Residential Apartment though the Society does not have any objections.

Q: Regarding Online course purchase & refund.

Hello Experts, I have purchased a online 6month course but the course is not up to the mark. I am seeking for refund from them but thy are denying it as I have sighed up on a MOU where it was mentioned about no refund policy. Can I still take legal help on this? Looking forward the help.

Advocate S Mubarak Begum answered
Yes you can still get a refund if the course offered by them is not up to the mark or any deficiencies in their services , non refundable clause is violative . You can file a consumer complaint seeking refund , if you can establish on what grounds and reasons the course provided by them is not up to the mark.

Q: BSNL Housing Society Cheated group of people

Hello,We are around 50 members paid to BSNL Housing Society for plots 2 years back and now they are not responding.Can any one help ?1. together all 50 members file joint case in NCLT ?2. Civil court is best option ?3. Police complaint is best option ?Thanks,Nagesh

Advocate S Mubarak Begum answered
Is there any contract ? Need further details to provide proper advice on this . You can file a case seeking refund and also damages . You can also register a complaint for fraud . Both civil and criminal proceedings can be initiated against them.

Q: Money given to known person not being returned

A know person took money on pretext of getting a new car at lower price, Whole amount was paid by Bank Transfer. Now its been 3 years he has not given car nor the money. He has repaid 25%, but that too after seeking help from his parents. Now he does not even attend calls, nor does he pay.He stays in Bangalore and I stay in Dharwad.Can i Lodge a Police Complaint in Dharwad as money was transferred from here. Pl advice

Advocate S Mubarak Begum answered
You send him a legal notice claiming your money. You can file a complaint and summon him through police , if he is ready he would settle your money. Normally complaint may not be entertained as the matter is civil in nature. If not settled with the intervention of police. File a money recovery suit.

Q: False Return of Dowry case filed - No representation and set exparte

Hello Experts!This is regarding a false Return of Dowry case filed by the wife on the husband. Summons were never delivered to the husband as they sent to the native place and door was locked. But during the first court hearing date the status is updated in ecourtsServices as "Through court & Registered Post returned unserved stating that door locked. The matter is placed before the Presiding Officer. Petitioner present. Respondent called absent. No representation and set exparte. For Petitioner evidence call on December 2019". Q1) What does the above status mean?Q2) Is that the husband lost the case in lower court?Q3) Can the husband appeal for this exparte order?Q4) What should be the course of action?Q5) Can the husband give Power of Attorney to a lawyer to represent on his behalf and attend the court only for critical stages of the case?Thank you!

Advocate S Mubarak Begum answered
Please give clear information with regard to the case file. if it is Dowry case it will be criminal in nature, warrant will be issued to you. That can be recalled by engaging the service of lawyer and you can also file a regular Bail Application at the same time. I don't think so it is 498A case. If you have placed exparte, that order can be recalled by giving the proper reasons. you need to engage a lawyer and file an application to set aside the exparte order. And once it is allowed you will come on record and can contest the matter before the Court.