Mistake of advocate
asmita0009
(Querist) 10 February 2012
This query is : Resolved
Dear sirs,
i have filled case under section 18 HmP . my advocate had deposited fees as court stamp Rs. 12000. now we come to know it was not required. Is it true? if yes then how i can get it back?. Further this advocate had done other so many serious mistkaes which i can be prove. To whom i cna compalin ? How i or other people can take action against this type of advocates? please advice.
V R SHROFF
(Expert) 10 February 2012
Yes, in matrimonial petitions, Woman are exempted from paying court fees.
Court Staff should have guided you.
You can complain to BAR COUNCIL of your state.
ajay sethi
(Expert) 10 February 2012
if your advocate had collected funds to tune of rs 12,000 for payment of court fees were court fees paid by him ?
he must have furnished you xerox copies of stamp papers purchased for payment of court fees .
at time of payment of court fees details have to be mentioned as to eiter name of parties for which stamp paper is purchased or advocate purchasing stamp paper .
check court records whether court fees have been paid or not foryour case
dont make allegations with cross checking records
V R SHROFF
(Expert) 11 February 2012
As Adv. Ajay says, go through court case paper. You will find out, he purchased and paid court fees??
Even a Junior most Advocate do not make such mistake. & court staff are good enough to point it out immediately.
So your Advocate must have collected it as his fees.
FIND IT OUT
AND
Try to get substantial proof of Income as you are only awarded 5k, whereas income of your Husband is 1L
Burden to prove income is on WIFE
What you get resigning Job of say 25k and get 5k as mtn?? You are looser.
Deepak Nair
(Expert) 11 February 2012
You can file a complaint in the Consumer Forum against the said advocate stating all the facts and ask for refund of money paid illegally, loss sufferred by you and also for compensation.
prabhakar singh
(Expert) 11 February 2012
You state " my advocate had deposited fees as court stamp Rs. 12000."
Then he has not cheated you but he is certainly not well versed in law and procedure.I think court may order refund on your application.It is not clear what other mistakes he has committed????
V R SHROFF
(Expert) 11 February 2012
no fees payable in mah state as lady, 12k must be fees collected by adv.
check papers in court. that is the only right way.See Court es by your own eyes.
It will never be there!!!
No adv can be that fool !!
asmita0009
(Querist) 21 February 2012
Thanks to all for giving me advice. actually i had paid saparat fees to advocate through cheque. furhter court fees Rs. 12000 was also paid by me through cheque.Stamp papers are awailable with my case papers and its is true that advocate has no proper experice and done other 2-3 serious mistakes in my draft.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 February 2012
