Advocate S.A. Mohammed Rafi

Questions Answered by Advocate S.A. Mohammed Rafi

Q: How can legally I get back my fees paid to a business school

Am from Kerala. I applied for MBA in Bangalore based business school n paid a sum of Rs. 182000 by taking education loan. After joining the class and attending for a month I came to know that there were no proper facilities were there and also no proper classes. So I stopped going and asked chairman to return my money. But he didn't pay back, instead he started shouting and using bad words. My question is whether I can move this legally? Will I get back my money? Thanks in advance.

Advocate S.A. Mohammed Rafi answered
Sir,You can claim your fee paid to the business School, subject to condition that you must have a proper and valid reason to leave that school. You have not disclosed what facilities they promised and failed.Thanks and Regards

Q: Can wife file case against me after getting mutual divorce

Hi .. i have taken divorce by mutual consent.A month before.. Now is there any chances that my wife puts any other case on me listening to her family members after getting divorce..

Advocate S.A. Mohammed Rafi answered
Sir,It depends on the settlement made between both of you at the time of getting divorce. In case if you have settled all her future maintenance and other accounts, she can't file any case against you. Mere obtaining divorce without settling future maintenance gives a chance to your divorced wife to file a case against you.Thanks and Regards

Q: Can Supreme Court's judgement be challenged

sir a service law was contested in karnataka high court. the respondent did not produce documents relevant to the case and got judgement by surpassing material evidence.the petitioner appealed and won the case. the respondents petitioned supreme court and the petitioner won the case. supression of material evidence amounts to fraud.this judgement now became a precedent for many cases. can this judgement now be challenged after getting the relevant documents by RTI.

Advocate S.A. Mohammed Rafi answered
Sir,The judgment passed by Supreme Court is final.Regarding obtaining favourable order from Supreme Court by suppressing material facts does not arise because the Apex Court deals with the legal aspect of the case and not regarding the trial of the case. The parties are given opportunities before the trial court as well as before the appellate court, if they failed to bring the facts, the case will be decided on the basis of the material available on record.Thanks and regards

Q: Builder delayed posession and i'am paying pre emi for last 18 months

I was promised possession in Jan 2015.last 18 months I have been paying pre emi.the building is still not ready.can I take any legal action against builder? I paid 20%.the remaining 80% emi will start on possession.the builder is very reputed.how long can I pay pre emi.there is still no commitment on possesion

Advocate S.A. Mohammed Rafi answered
Sir,I think there may be a default clause against the builder that in case if he is failed to give possession as per the conditions of the agreement I.e on Jan 2015, the builder is liable to pay damages (monthly) to you till the possession is given to you, so that you can reside somewhere till the possession is delivered to you. If there is no such clause in your agreement you can approach court for legal remedy seeking proper relief to you..Thanks and Regards

Q: Real estate company not refunding deposited money What can I do

Case-A company final the rate Rs120 p/sft and for 2500 sft,I paid 3 lacs in 7 instalment ( fromAug2015toFeb2016)as they agree for the same but no agreement Every thing done over phone & I deposited money in company current account .After taking all money when I asked for land registration,they said tomorrow.like that 2 month passed.Then they said that you need topay more25k as land price is more now. I said no and given application on May16 for refund.Tll now they paid me only50K after many follow up & beg(on23jun16)To get balance amount not getting proper response.Plz advice.I Hindu.Thanks.

Advocate S.A. Mohammed Rafi answered
Sir,It is very strange to hear from you that without entering into Written Agreement how you have paid 7 instalments? Either the Company had misguided you or you have not approached to the Company in proper manner. Now the remedy is to you to approach Consumer Redressal Forum by filing a complaint against the Company to recover your balance amount along with damages. You must collect all the communication with the Company such as e-mail , documents, receipts, etc to file the Case. Good luck.Thanks and regards