Prayer for seeking justice
Bulu
(Querist) 31 July 2014
This query is : Resolved
To, Date: 30.07.2014
The Hon'ble Chief Justice
Guwahati high court
Kamrup, Guwahati
Sub : Prayer for seeking justice.
Respected Sir,
I had executed an agreement having deed no. 1774/12 dated 29.02.12 for prurchase of a residential space for building construction on 29.02.2012 between landowner- cum- builder Mr. AB and myself, Mr. CD. I had paid Rs. Six lakhs fifty thousand (Rs. 6,50,000/- )as a advance towards the same . But due to some personal reasons, I had cancelled my agreement by way of lawyer notice on 11.04.2012 which was as per agreement clause number 19 “That in case this agreement becomes void or is cancelled by either party, the claim of the Second party shall be limited only to the amounts paid minus the 15% cancellation charges per annum and is cancelled by first party then first party wiil pay15% cancellation charges per annum to second party.”
But Mr.AB refused to make any payment and I was forced to proceed for arbitration as per clause number 20 “ any dispute arising out of this deed shall always be mutually resolved in a spirit of good faith; or it will be resolved by arbitration as per law.”
On advice of my advocate, Mr. EF , Mr. GH was appointed as arbitrator. Likewise, Mr.AB also appointed a lawyer and an arbitrator for the same.
All the procedures are going on without any due approval of court and the process continued for more than a year and half approximately without any third party arbitration and deliverance of justice. . On 10.11.2013 advocate EF and Mr GH has resigned due to certain difficulties. Without any result, I had paid Rs. Thirty four thousand (Rs. 34000/-) to advocate EF and Rupees Twenty thousand (Rs. 20,000/-) to Mr GH.
As per my knowledge gathered from online portal LIC, as number of arbitrator is not mentioned in the agreement, advocate EF could have appointed one arbitrator from the court and one lawyer from each side which could have solved the case very early without additional expenditure of time and money.
I proceeded to another advocate Mr XY he advised me to file lawsuit (1) file 420 case (2)consumer case for which I did not fully agree. He asked me to pay Rupees Thirty thousand (Rs. 30,000/-) for this cases as he had prepared the paper. Again, as per knowledge gathered from LIC, one cannot file consumer case while arbitration is still proceeding. Advocate Mr XY informed me that wrong procedures were being followed previously and he would seek justice through the court. He gave me a case number 43/2013 and told me hearing was done at17.04.2014, 23.05.2014,17.06.2014 and 11.07.2014. After 11.04.2014 , Mr XY has neither responded to my mobile call or SMS nor he is handover all the legal papers . It is worth mentioning that I had signed some blank stamp paper and blank white page based on good faith .
Sir, I had already paid a sum of Rupees One lakhs other than the cancellation charges, I am yet to receive my advance money from Mr. AB . Perhaps it may also happen that I may have to pay more than that the amount that I should legally receive against cancellation of the deed agreement for purchase of the property from Mr. AB.
Hereby, I seek your good advice in anticipation of justice established by the law of the land.
Regards,
CD
Please advice me whether I can send such application
R.K Nanda
(Expert) 31 July 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 31 July 2014
Consult local lawyer and show him the documents.
V R SHROFF
(Expert) 31 July 2014
LOCAL LAWYER WILL DO NEEDFUL...
ajay sethi
(Expert) 31 July 2014
you dont send application to chief justice . you have to fight you r case as per the clauses in agreement in court
Devajyoti Barman
(Expert) 31 July 2014
Only court can adjudicate your dispute..Letter to Chief Justice would be futile exercise.
Bulu
(Querist) 01 August 2014
If writing to Chief Justice is Chief Justice then should I write to
1) district and session judge
2) chief judicial magistrate
Bulu
(Querist) 01 August 2014
If writing to Chief Justice is futile exercise then should I write to
1) district and session judge
2) chief judicial magistrate
R.K Nanda
(Expert) 01 August 2014
writing to any of judges will not help you.
Devajyoti Barman
(Expert) 01 August 2014
If writing letters to judges would have helped ten nobody would have to spend money to get justice.
Bulu
(Querist) 04 August 2014
If writing letters to judges then whom should I write when i will get some injustice from a lawyer
ajay sethi
(Expert) 04 August 2014
change your lawyer and fight case on merits
