consumer forum judgment
(Querist) 20 June 2008
This query is : Resolved
one nationalized bank brought a complain against a lawyer that he intentionally make a legal opinion regarding a property. the nationalized bank make a complain before the state consumer forum of West Bengal. they complained that the lawyer negligently does not search the property details from the concerned registry office and make this legal opinion regarding this property. bank said the lawyer is negligent to his work but fact is that the lawyer searched the property from the concerend registry office were the public records are not available. the title deed was for the year 1959. this report was given to the bank as a legal opinion only not to pass any loan but the said bank wrongfully and illegaly with malafide intension by scepgotting the lawyer initiated a potracted litigation against the lawyer before the state consumer forum and asking a damarage for Rs. 1 Crore but till date they have not taken any legal action against the borrower.in this regard you are requested kindly help thelawyer by giving your esteem opinion and judgment which was passed by Hon'ble Supreme Court of India, if any or any other related judgment/judgments.
(Expert) 20 June 2008
Can you specify in that legal opinion has he mentioned only about the marketable title over the property or had he gone to the extent of certifying its market value also. Because here in Andhra Pradesh i came across such an incident where CBI even chargesheeted a lawyer for faulty legal opinion. So we must be careful while discharging our duties. I would like to know more details of the case so that i can be of any help to my fellow advocate. Regards.
anantha krishna n.v. Advocate
(Expert) 06 July 2008
You say that the document is of 1959 and there are no records in the registry. If so, did the lawyer make this point clear in his opinion? If he had , and also advised on the steps to be taken by the bank, he is safe.
But the basic question to me is whether the bank be treated as consumer in respect of lawyer as per the definition of the consumer protection act??????
(Expert) 19 July 2008
Yes the bank can cry about deficiency of service against the lawyer, if he committed a willful fault in his opinion.