Damage suit on the advocate
Balaji Bakthavathsal
(Querist) 09 March 2012
This query is : Resolved
An advocate represented three different clients on one and the same property. The first one got dismissed by the court for default of the plaintiffs and the second one was returned by the advocate when the advocate was challenged in the Bar Council and before that he helped the third client by filing a specific performance suit in the district court (Non-compliance by the power agent for coming forward to register the sale deed as per the sale agreement). The advocate got the suit transferred to the Lok Adalat on the very next day and with the order of the Lok Adalat, he helped the fraudsters to register the Sale Deed. Thus the advocate created enough damage to our property and we are running from pillar to post to get the sale deed cancelled. Now my question is : Due to the professional misconduct of the advocate, I am made to run from pillar to post spending my precious time and money in getting the sale deed cancelled apart from the physical and mental torture. Can I file a damage suit on the lawyer seeking compensation for the damages he has made to me ? It is pointed out that a separate complaint has been filed with the Bar Council of Tamil Nadu and the hearing is in progress. The Bar Council, if it finds fault with the advocate, at the most may impose a fine or debar the advocate in conducting the case for a certain period. But, due to the damages made out by him, I suffered a lot and I want to file a suit on him. Where should I file, in the civil court or at the Bar Council ? Please advice me. Also please note that I am not the client of the Advocate but the damages were made on my property.
Raj Kumar Makkad
(Expert) 09 March 2012
You should go to consumer forum to claim the actual damages you suffered due to such professional misconduct of counsel.
Shonee Kapoor
(Expert) 09 March 2012
1. Complain in Bar Council.
2. File a case for damages in consumer court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 09 March 2012
agree with experts shonee and makkad
V R SHROFF
(Expert) 09 March 2012
If you have to run from pillar to Post, for defending yourself, or in any legal procedure, you cannot held Advocate liable for it.
You had not paid anything to Advocate, so how can you claim anything from him?
If court decided something, you can be aggrieved, and go to APPEAL.
SO ANY OF YOUR ACTION AGAINST ADVOCATE FAILS.
V R SHROFF
(Expert) 09 March 2012
all advocates:
pl do not advise on taking action on your brother advocates.
We at Lawyers Club must protect all Lawyers.
Mistakes?? Even God commit, forget, there are lakhs of advocates.
do not advise others to cut the throat of your brother Advocate.
clients are also No Less, DO NOT COME WITH CLEAN HAND AND HIDE MAIN VITAL FACTS.
Shantilal Pandya
(Expert) 10 March 2012
No body is above law the advocates cannot also be spared. we should uphold and support the purity of judicial administration of which the advocates are part and parcel of the machinery , we should maintain peoples confidence in the judicial system it is unfortunate to note that some of our community are not merely not helping but discouraging needy persons to have their grievances solved through legal process ! I may mention here that creating an atmosphere and hurdle against resort to legal remedies available under the law amounts to CONTEMPT OF THE COURT.
Balaji Bakthavathsal
(Querist) 10 March 2012
Respected Pandya Sir, I stand up and salute you for your comments which shows that you are a true and dedicated lawyer. I am really happy to note that there are people like you. We should not support a person who is committing mistakes knowingly and deliberately. Thanks for your comments. May God Bless you.
Regards
Balaji
venkatesh Rao
(Expert) 10 March 2012
This forum is becoming a platform to blow one,s own trumpet and to wreck the vengeance. Advocates are basically human beings and the citizens who are equally liable for the wrong doings. If it is not the advocate, as per shroff ji, he would have suggested the remedy. I am a layman who know a little about law. I had entrusted a brief to my own friend advocate (form drafting to indexing all mine)He was requested to present the case and represent me in tribunal. He was dare enough to give me a fake case number and date and thus dragged for 2 years. I smelt something fishy and on enquiry learnt that he had not at all moved the tribunal. I gave him a notice which he did not reply. I filed a complaint to the Bar council and after issue of notice by council, with another senior advocate, he met me with his wife and child and apologised. I simply withdrew my complaint. My genuine claim by then was hopelessly time barred. Such stray number of advocates, with such ulterior intention, throw smudge on the advocate community.
Shroff ji, let the wrong doer be punished or at least repent for his misdeed. Being the officer of the court and a senior advocate of high standing, please dont let such illegalities to subsist and go unpunished.
Raj Kumar Makkad
(Expert) 10 March 2012
I fully support Rao. All black sheep who indulge in defaming the noble profession of advocates should openly be punished. Roa you have also done wrong. Why have you let him go freehold when your so-called friend with his family and a senior friend came and felt apology? Why didn't you demand from his all losses incurred to you?
Once you left him and provided him asylum, why to review your decision?
Shantilal Pandya
(Expert) 11 March 2012
Respected Mr, Shroff and all ,
I have stated something about the legal positions prevailing in the field so far (which one cannot deny) it is certainly not aimed at you,I suppose you yourself should share it , the experience shows that there is nothing like all well in the legal profession , should we not try to correct it ? as you stated that you are a senior lawyer I and all will have no hesitation to respect you for that and we respect you but I believe that seniors like you should take a leadership and come to the rescue of the litigants who are the victims of professional misconduct.
Regards
Shantilal Pandya
(Expert) 11 March 2012
MR,SHROFF, And All,
I hope you will not take it personal. It is true that the Bar Council cannot award damages to the complainant Only course for such a complainant would be to file a civil suit or consumer case or as best advised, but the question is whether such a complainant can be denied legal assistance from us ?
please see that I had no acquaintance of MR. Balaji before this, the history of his activities as you stated was not known to me. but I think that does not matter much. whatever I opined was out of anxiety with respect to the problems of misconduct we are facing almost as a routine course,you and all must have come across several instances of misconduct from the community , does it not cast stigmas on us ? can we sit as mere spectators ? does the misconduct of any of us not harm the other innocent BROTHERS and the judiciary? does it not create problems and hurdles in the administration of justice ? will it not weaken the mighty weapon "The Rule of Law " ?
I am sorry to put questions may be several, but I think that it will be in the interest of healthy exchange of views.thank you.
Regards.
