Advocate Viswanathan

Questions Answered by Advocate Viswanathan (25+ answers)

Q: Cosmetic clinic refusing refund for ₹2L package not yet started – EMIs

I enrolled in two packages at a Healthcare Clinic (Porur, Chennai): a Cryo treatment (~₹1.8L, ₹16k/month debit EMI via HDFC) and a weight-loss package (₹80k, ₹7k/month EMI). Cryo was sold during another session after repeated persuasion. I signed a form but never started the Cryo treatment. Later I had a CSF leak and was advised not to proceed. The clinic refuses refund and offers only transfer to others/treatments. What legal options do I have to cancel and stop EMIs?

Advocate Viswanathan answered
where any contact or agreement you have signed or only the form . if so any termination clause or refund clause are there. if you stop payment any legal consequences is mentioned. need to know. if not you can stop the payments

Q: Civil Miscellaneous Petition or Writ Appeal?

A quasi-judicial body (Mental Health Review Board) has dismissed a petition and issued final order without conducting a scheduled cross-examination of the respondents in the absence of the petitioner. Sec 83 of Mental Health Care Act provides an appeal to HC. Now, the petitioner should give writ appeal (as there is blatant violation of principles of natural justice) or should he file Civil Miscellaneous Appeal (CMA)?

Advocate Viswanathan answered
the petitioner can approach as a write petition that is a appeal for that particular board. without knowing what via you have approached the Mental Health Review Board is needed to give concrete answer

Q: My husband asking for divorce on the grounds of my old proposal letter

Me and my husband legally got married for past 1 year but on October 1st we had a fight over misunderstandings his mother also involved after-that our communication stops only through WhatsApp my husband communicated through that many misunderstandings and problem arises, their family asked me to wait that jathagam is not got till march 1st week but now after asking they are asking for divorce telling my character is not good with the proof of 3-4 year old letter and diary, he need mutual

Advocate Viswanathan answered
hi mam first and foremost, we need to know whether you want to continue with this marriage. if yes we can plan accordingly with regards to your question raising grounds over character , husband can raise any ground, but it is us to have to prove them wrong, merely using letter won't establish your character mam. those letter are not strong evidence, we can break them in court