RAJESH CHOPRA
30 July 2025 at 07:08
I was to get a flat from the builder after a wait of 15 years
The builder got the OC, and when I was about to get the flat, he went into liquidation under IBC
Thereafter, the builder under the pressure of Interim resolution professional took an affidavit from me & all that I will not file any case for any type of dues. where as the builder was to give me my delay penalty as per agreement of BBA.
Now, since I have got the flat and registry done, can I now go to the court and file a case, saying that affidavit was taken under Coercion or threat of not giving possession till I give affidavit?
Anonymous
27 July 2025 at 08:15
I have filed a formal complaint before the State Bar Council against an advocate for the following acts of professional misconduct:
Issuing a legal notice containing false and extortionary claims without any legal foundation.
Making demands in the notice that were unsupported by evidence or any reference to appropriate provisions of law.
Abusing the legal process to harass and intimidate me, in clear violation of Rules 4 and 5 of the Bar Council of India’s Standards of Professional Conduct and Etiquette.
⚠️ Respondent’s Defense
In response, the advocate has submitted a reply that suffers from the following major deficiencies:
No supporting documents were attached.
No documentary evidence has been filed to rebut my factual claims.
No reference or justification has been made under any provision of the BCI Rules.
Several serious allegations (especially those concerning illegal motives, intent to misuse legal process, etc.) were left unaddressed, indicating selective silence.
The Bar Council has now asked me to submit a rejoinder in five copies, indicating that the case has been referred to the Disciplinary Committee (DC).
📌 My Rejoinder Highlights
In my final rejoinder, I have emphasized the following:
As per Rule 8(1), Chapter I, Part VII of the BCI Rules, the Disciplinary Committee is expected to decide matters on the basis of affidavits and documents. The Respondent has submitted neither.
Since the Respondent has submitted no evidence or counter-materials, no factual dispute remains that would require further clarification. The record stands uncontested.
The Respondent has made no effort to justify his conduct under the BCI Rules, rendering the defense legally hollow.
A prima facie case has already been established by me, thereby shifting the burden onto the Respondent—which he has failed to discharge.
❓ Request for Your Opinion:
Based on the above, I would like your professional view on the following:
Can a reply without documents, without legal citations, and with selective silence on serious allegations be treated as inadequate or non-existent in the eyes of the Bar Council?
Should the Disciplinary Committee treat the case as undefended in substance, and proceed to pass a reasoned order based solely on the complainant’s unrebutted submissions?
Sincerely,Your insights will help me assess whether I am interpreting the Bar Council Rules and the Respondent’s conduct correctly. I am also willing to pay for citations to support the above reasoning, if necessary.
Aseem Vaishya
26 July 2025 at 10:10
One particular person is harassing us by lodging false complaints in various departments. Many times, the investigations are carried on by departments, and nothing wrong has been found so far. Still, that person is lodging complaints. What legal action can we take against him?
Mee Shh
26 July 2025 at 10:07
In the criminal(498a, since 2019) and maintenance cases(125 crpc since 2023) against me, my lawyer has been delaying for years without doing cross-examination. Now the court has given a final opportunity on 05/08/2025, but even on that day, he said that he has some other work and will not be able to come. When I object his act he is saying that he will give NOC only if I give 3 lakhs . Now how can I hire another lawyer without NOC? If no lawyer will represent me without NOC, then I want to pursue the case myself without any lawyer, please advise me on how to apply to the court in this regard.
Anonymous
25 July 2025 at 11:27
We are residing in Nanganallur and we are 10 house apartment .Flat was constructed in 2000 year and we had registered under Registered under cooperative society .Do we have to change anything now for current scenerio.
Anonymous
08 July 2025 at 21:26
Sir, one lawyer has taken my civil (against my uncle reg. Inheritence property) case and that case has been compromised. Now my daughters filed case against me for partition. In that case My previous lawyer has represents my daughters. Its not ethical. How to remove opp. Lawyer from case? Because Im his old client and he knows all my weakness and strength.
Vijay Gowardhanji Soni
30 June 2025 at 15:34
Respected Sir,
Good afternoon.
We were supposed to receive possession of our flats in 2023. However, due to the extension of the RERA deadline, the builder has delayed handing over the possession to many of us.
While some members of our society have received possession, a significant amount of work is still pending across the project. Unfortunately, the builder has been unresponsive to our phone calls and has shown no interest in visiting the site to address our concerns.
As per the revised RERA registration, the possession deadline is now February 2026. Despite this, we are facing continuous delays and uncertainty about when the full project will be completed and delivered properly.
We request your kind guidance and intervention in this matter to help us ensure the builder fulfills their obligations in a timely and responsible manner.
Thank you for your support.
Anonymous
25 June 2025 at 15:01
hello all,
i have been working in Public sector bank since last 15 year, my wife is also Public sector banker. Since last 15 year i have never been at my domicile or near to it. as per transfer policy my wife has already availed 2 times request transfer and now left with no option. i am serving banks duty leaving my family alone. ( my working wife, 8 year old daughter, old age parents) i have been requesting my bank time and again to consider my request transfer but received no consideration till now. recently i am again transferred to remote location that too i am on medical leave. now facing immense medical and mental trauma. how could i manager my family and professional life.
pls suggest me any legal remedy
bharat khatwani
21 June 2025 at 12:12
[11:00 am, 21/6/2025] Bharat Khatwani: I had lodged complaint against advocate in bar council for sending legal notice without verification of legal merit so I had lodged complaint against advocate. As reply of advocate was not satisfactory,bar council has decided to institute inquiry and has asked me to send rejoinder in 5 copies.Please do fact check and make following draft legally valid.
[11:02 am, 21/6/2025] Bharat Khatwani: BEFORE THE BAR COUNCIL OF ***
*** (Complainant)
v.
Advocate *** (Respondent)
Date: June 19, 2025
AMENDED REJOINDER TO ADVOCATE’S REPLY DATED NOVEMBER 6, 2024
I, **, aged * years, residing at ***, solemnly affirm that I am fully conversant with the facts and circumstances of this case. All statements herein are based on my direct personal knowledge, corroborated by documentary evidence, and derived from communications made under my authority. No material facts have been concealed, and the contents are true to the best of my knowledge and belief.
Respected Sir/Madam,
I hereby submit this amended rejoinder in compliance with the directions issued by the Hon’ble Bar Council. The Respondent’s reply is manifestly evasive, factually insufficient, and lacks any certified documentary evidence, relevant provisions of the Bar Council of India Rules, or other statutory authority to substantiate his claims. Notably, the reply fails to address the core allegations and supporting enclosures of my complaint and does not provide point-wise rebuttals as mandated in disciplinary proceedings. Such omissions impede a fair, transparent, and effective adjudication of professional misconduct.
In accordance with the standards prescribed under Chapter II, Part VI of the Bar Council of India Rules and Section 35 of the Advocates Act, 1961, it is incumbent upon the Respondent to respond substantively and truthfully to all allegations and to substantiate his defense with verifiable, contemporaneous evidence.
To facilitate a just and expeditious resolution of this matter, I respectfully request that the Hon’ble Disciplinary Committee direct the Respondent to produce all documents upon which he intends to rely. These documents should be duly notarized or certified and contemporaneous with the events in question. Such a direction will enable the Committee to concentrate on the substantive merits of the case, eliminate irrelevant or extraneous issues, and prevent unnecessary disputes over facts that can be readily verified from official records.
I trust that the Committee will take appropriate measures to ensure that these proceedings are conducted fairly, transparently, and in accordance with the highest standards of professional ethics.
I. FAILURE TO UPHOLD PROFESSIONAL DUTIES
1A. Reliance on Client Instructions – Dereliction of Professional Obligation
The Respondent claims he drafted the legal notice dated September 25, 2023 (Enclosure 3), purely based on client instructions. This defense is untenable. An advocate is not a mere stenographer; client instructions do not absolve them of their fundamental professional obligation to exercise independent judgment and verify the factual and legal soundness of claims. Issuing a legal notice, especially one containing exorbitant and unfounded demands, without diligent fact-checking constitutes a serious dereliction of duty and directly violates the standard of due diligence explicitly required under Rule 4 of Part VI, Chapter II of the Bar Council of India Rules. Such conduct undermines the very integrity of the legal profession.
1B. Unverified, Exorbitant, and Unlawful Demands
The Respondent’s notice (Enclosure 3) was demonstrably wrongly addressed to my deceased mother, Smt. *** (passed away on October 10, 2023, per Enclosure 1). The notice demands a staggering and arbitrary sum of 150 years’ rent—120 years at ₹300/month based on an alleged 24-year-old oral agreement, and 30 years of rent for unauthorized repairs—without legal basis or supporting documents. These demands are contradicted by the Tenant’s Letter dated August 4, 2011 (Enclosure 6), and the Correspondence Reaffirming Ownership dated November 30, 2023 (Enclosure 7). This violates Rule 5 of the Bar Council Rules which bars misleading and improper conduct.
1C. “No-Visit” Claim – Blatant Abdication of Duty
The Respondent admitted he did not inspect the premises or verify any repair costs. This abdication of duty violates the advocate’s professional obligation to verify facts (Rules 4 and 13). By blindly parroting unverified client claims, he reduces himself to a mere agent, breaching both the letter and spirit of the Bar Council Rules.
II. FALLACY 1: ALLEGATION OF OBSTRUCTIVE INTENT – A Malicious Diversion
The Respondent alleged that this complaint was filed to obstruct his representation of the tenant. This is demonstrably false. At the time of the complaint, no litigation was pending where the Respondent represented any party against me or my late mother.
This complaint is strictly limited to the issue of professional misconduct—i.e., the issuance of a patently false and coercive legal notice. Diverting attention to alleged motives violates Rule 5 and attempts to shield misconduct by attacking the complainant, in violation of natural justice.
III. FALLACY 2: DISPUTED STANDING – A Baseless Tactical Diversion
The Respondent argues the notice was not addressed to me, hence I cannot complain. This is false. The Tenant’s Letter dated August 4, 2011 (Enclosure 6) acknowledges me as owner. My reply (Enclosure 4) was sent in that capacity, and supported by land records (Enclosure 2). Section 35 of the Advocates Act allows complaints from any person. Thus, the objection is legally frivolous and ethically revealing—it deflects scrutiny rather than addressing misconduct.
IV. FALLACY 3: FALSE AUTHORSHIP & MISREPRESENTATION – Deliberate Deception
The Respondent falsely claimed that my reply was authored by my late mother. This is a blatant misrepresentation: she passed away on October 10, 2023 (Enclosure 1), and my reply to his notice was written and signed by me alone. He also mischaracterized the content of my reply, ignoring its clear denials of:
Ownership claim by tenant
Alleged bank rent deposits
Alleged oral rent agreement and liability for repairs
Such misrepresentations are unethical and violate Rules 4 and 5.
V. FALLACY 4: UNSUBSTANTIATED & CONTRADICTORY CLAIMS – Pattern of Fabrication
The Respondent's reply includes:
Alleged rent deposits—no proof provided
Exorbitant demands—no breakdown or proof
Oral agreement—no past reference or record
Coercive threats—issued without legal basis
No follow-up litigation—indicating intent to intimidate, not litigate
These contradictions confirm a pattern of fabrication, not good faith legal representation.
VI. ABUSE OF LEGAL PROCESS – Systematic Derailment of Inquiry
The Respondent has repeatedly:
Distorted facts
Maligned my motives
Raised frivolous objections
Dodged direct evidence
Such tactics sabotage legitimate disciplinary inquiry and should not be condoned.
VII. CALL FOR DOCUMENTARY INQUIRY & PRODUCTION OF EVIDENCE
The Hon’ble Committee is requested to direct the Respondent to produce within 7 days:
Legal Notice dated September 25, 2023
Proof of service to Smt. ***
Instructions or affidavit by tenant Shri ***
Bank statements showing rent deposits
Cheque/counterfoil of ₹3,600
Receipts or rent records
Evidence of the alleged 24-year agreement
VIII. PRAYER
I respectfully pray that this Hon’ble Bar Council of *** may:
Direct the Respondent to produce the above documents
Proceed based on documentary evidence
Hold the Respondent guilty of misconduct
Impose suitable penalties
Award costs of ₹10,000 for distress caused
Pass such other reliefs in the interest of justice
Yours faithfully,
Ph: ***
Email: ***
Date: June 19, 2025
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Primary school in group housing society
Actually a primary school site within approved building plan is available in Rewari, haryana and was sold to one of the renowned school and school is enjoying residential electricity rate being inside premises but not paying CAM charges saying they have purchased the plot from builder and its separate from residential flats.
Now RWA is looking for legal stand to charge CAM to school as well same like other shops etc.
Kindly provide legal opinion