A miscellaneous query related to consumer protection act...
siddharth
(Querist) 22 August 2011
This query is : Resolved
Firstly Let me introduce myself, I am Siddharth Dubey from Bilaspur city,Chhattisgarh State..
My Father and Mother Both are Advocate by profession.
SIR actually matter is that my mother and father are practicing in high court of chattisgarh, bilaspur.
one petitioner has given a case to my mother .initially he made affidavit in front of oath commissioner for his own WP (criminal ) matter.
as a result my mother filed an WP (criminal) and also a suit for declaration and injunction before the civil court against the respondents B.
Thereafter petitioner changed his attitude and denied that he has not given any power (vakalatanama) regarding the above said case & he also denies filing of any petition before the said court. When my mother appeared in the civil court , petitioner denied and engaged another counsel regarding he same . before the civil judge class iv ,matter was heard in absence of said petitioner and newly engaged counsel as a result,court dismissed the petition due to non appearance.
Now after few days petitioner of the above said case filed a complaint under section 200 before JMFC, that we have taken money 25,50,000/- RS for the court fees and we have not filed the case suit,in addition to complaint it is pertinent to mention that petitioner told in their complain that they have drawn the amount by self cheque but in police complain they told about cash payment to us.
in police investigation it is mentioned that cheque is drawn as self cheque by
the petitioners itself.
but now JMFC has registered section 420,467,468-34 of IPC and summoned. We moved to district and session judge, our revision was dismissed,we moved a wp u/s 227 which was also decided in our disfavour…finally we moved an slp ,we got stay against the subordinate order and our slp was granted and converted into criminal appeal…
Interestingly that client has approached state consumer disputes redressal commission and filed a complaint under section 17 of consumer protection act,1986 demanding the amount which was said to be given to advocates.please suggest me a relevant remedy and citations in view of above circumstances…..
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ajay sethi
(Expert) 22 August 2011
if he has filed consumer complaint that Rs. 25lakhs has been paid to your mother to fight case/payment of court fees he will have to substaniate his claim by leading evidence . you will have to file your written statement before the forum . in view of discrepanices in his statement do make an application for cross examination of complainant so that his testimony can be discredited .
you will have to fight the legal battle .
prabhakar singh
(Expert) 23 August 2011
Expert : ajay sethi has rightly advised but things deems strange and bit not intelligible
as to why such a scenario has emerged?/
