Criminal case against advocate.

Querist : Anonymous (Querist) 30 May 2023 This query is : Resolved
Sir I engaged an advocate for legal advice for land which I want to purchased. Lawyer gave me non encumbrance certificate telling that the land I want to purchase is free from all encumbrance and of clear title.
On believing on his report I entered into registered agreement to sell with that party.
Here it is important to mention that agreement of sell was drafted and executed by this advocate only.
Before due date of agreement I gave balance money to party and he executed sale deed.
Again here it is important to mention here that saledeed was also drafted by my same advocate to whom I engaged and paid fees.
Now when I move my application for mutation it was rejected because the person from whom I first entered agreement to sell and after saledeed that person already sold land to someone else even before my agreement.
When I contacted lawyer who made report and agreement to sell and than sale deed he told that he didn't inspected the books of revenue office.
Being aggrieved I filed police complaint against person from whom I purchased land and also against lawyer who continously first on legal report than on agreement and than on saledeed deceived me.
But police filed chargesheet against seller and fr in favor of advocate.
I filled protest application against lawyer in court but lower court reject it.
Than I filed revision in district court the same Also rejected on ground that no criminal case against lawyer.
In my case there is full involvement of lawyer. May be not at beginning but when he knew that he didn't inspected paper why did he induced me in agreement and after that also he can save my money stopping me to not to give balance money and he drafted and executed in saledeed.
All citation are telling no criminal case against lawyer.
My all hard earned money finished.
Shall I proceed high court or not.
Pls advice

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Quick Summary

A person engaged an advocate for a land purchase. The advocate provided a non-encumbrance certificate, leading the client to believe the title was clear. The advocate also drafted the agreement to sell and the sale deed. However, it was later discovered that the seller had already sold the land to someone else before the agreement. Despite a police complaint and court applications, the advocate was not charged, with authorities favouring the advocate. The client is now seeking advice on whether to pursue the matter in the High Court.

J K Agrawal (Expert) 30 May 2023
Your advocate not necessarily having bad intention or involved in offence. My be he negligent. you may file a complaint before Bar Council of your state. you can file a civil suit also for compensation.

Sudhir Kumar, Advocate (Expert) 31 May 2023
(+) you may also consider going to consumer forum.

J K Agrawal (Expert) 31 May 2023
Services of Advocate not considered as consumer services.

P. Venu (Expert) 02 June 2023
You have option to take up the matter with the Bar Council. Also, the facts posted suggest cause for a civil action to claim damages.

T. Kalaiselvan, Advocate (Expert) 03 June 2023
In my opinion your advocate has not done any wrong thing.
If the entry for sale appears only in the revenue records but it is not reflected in EC then your advocate cannot be held liable for any alleged offence.
Your advocate prepared sale agreement and sale deed but it was on your behalf and on behalf of the seller because you only engaged his services.
You have signed the papers and not your advocate.
You are looking for blaming the advocate for your fault.
Your appeal before high court will not be entertained because your advocate has not committed any crime neither he cheated you.
On perusal of documents he had given his opinion, but the seller has done this fraud, hence you may not be able to file a complaint before the bar council or bar association.

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