Shanmugavel gandhi (Research consultant) 24 October 2012

Complaint against attorney

I will tell the long story short first, then my doubts.

My wife and myself had a very bad tourmoil recently, she alleged me with alligations and i was shocked to hear from her but respected her views and signed a draft which was drafted by an advocate. He made only one draft. It was sadi its a draft of separation, for which the advocate got a fees of 25k from me, which i deposited in his bank account. I left the rented house we were living with all the things, my wife send me back all my belongings except the TV, she said the TV was taken by the advocate.

Later I talked with my wife for a reunion, the advocate had planted lots of stories about me n my family to my wife and her parents, also got fees from my wife telling that he is holding me acting against her and told the single draft i signed which was not even notarised or filed in court is the proper divorce.

When i started asking about the draft copy and the TV he used to provoke my wife to fight with me, since i had reunion in mind i didnt react badly and was patient.

Since i was very patient my wife slowly started realising the tricks of the advocate, inbetween he send a gunda in name of advocate telling me not to talk with my wife.

I somehow managed to talk with my wife and she realised the advocate's play, Now when i asked for the fees and tv and explanation he started abusing me and family in sms and in phone.

I wish to seek action against the advocate, will the Bar council act against such advocates or will it just pass over giving immunity to the advocates?

The evidences I have :

The abusive SMS send by the advocate, a part recording of the advocate abusing my family, the SMS send by him on various situations misguiding me, addresing me as an accused and adresing my wife as my x wife.

what action will be taken against him and how should i proceed? shall i consult an advocate? will an advocate act against an advocate? will i get justice? many told me that no action will be taken and advocates always enjoy immunity and the Bar council will never act and I will only be facing sabotage and the advocate will easily escape.

Please advice me what to do?

My wife is ready to support me now and ready to live with me because she realised her mistakes (so she said)

Thanks in advance

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7 Replies

Om Prakash Dhusia (HR assistant) 24 October 2012

Mr Gandhi, My sincere advice is if you want to take 'Panga' means have decided to seek action against that lawyer then you would be wasting your energy, stamina and precious time on a wasteful thing. Come to Kanpur (U.P) and you will learn the lesson of your life. The moment you approach the Bar Council you will be intimated by the so called brethern of the advocate challanged, you would be slapped with false cases and you would be beaten severely. so just relax, have conciliation with your wife and forget the rest. Please dont forget that ever photo (B & W) has Black and White, so the saviour for a fees would become the dreaded criminal in.black coat. They kick and beat even the police that is why in retaliation they are beaten black and blue by the police and the process goes on and on and on. Read the lips of Mr. Ashish oh sorry the Advocate Supreme Court shri Ashish Davessar.

1 Like

Shanmugavel gandhi (Research consultant) 26 October 2012

Thank you both for your reply.

Mr.Ashish Davesar thank you sir, is a sms send by advocate is a proof? an abusive sms then an sms calling me an accused when till now i havent entered a police station or no complaint launched against me, then getting fees and and not doing any action. I dont need any case registered against him, i just need an explanation and apology from him and return of my TV. In your words it seems that if you are an advocate you can get away with anything and doing anything. Is this the way our law works in our country? then its the best profession for all accused na d gundas, get a law degree you automatically get immunised from law?

I better do a law degree then instead of my PhD.

Shanmugavel gandhi (Research consultant) 26 October 2012

does my case come under professional indiscipline?

Mr.Om prakash, thanks a lot for your reply, is true that you will face a harsh reality for the things you do very rightieously in this country. I am confident of getting justice because I hope chennai is not as bad as UP. If i get what you told i will inform you, if i get justice i will send you the full details how i approached. Thank you

stanley (Freedom) 26 October 2012

He can be taken to task for the abusive SMS . A lawyer is not above the law i have seen a few lawyers going to jail too and spending a term in prision . If you are determined for justice file a case against section IPC 420 .

Om Prakash Dhusia (HR assistant) 26 October 2012

Another suggestion that don't be emotional in dealing with the legal case and especially dealing with some advocated either at U.P. or Chennai and I have quoted an example from Kanpur out of my experience and Chennai is not on the satelite moon but its is in India. I wish you a better luck in future.

regards

JANAK RAJ VATSA (ADVOCATE) 29 October 2012

doing an offence yourself or not resisting someone commiting an offence ; the net result is same. therefore go ahead and file a complaint with the state bar council of his professional misconduct. agree that the odds may be heavy, but these are not insurmountable and with determination , intended lesson will be given. best of luck