Case against advocate
CoolSoul
(Querist) 05 March 2013
This query is : Resolved
Dear sir,
I have filed a case in year 2010 and case was closed in year 2011 as my advocate didnt appear for 3 hearings and after that he said tht he will reopen the case and since 2011 it is in pending admission status.
now my question is tht i want to lodge complaint against my advocate in consumer court for cheating and i have heard tht i can file it only within 2 years from court order .
So i wanted to know can i change the advocate now and file case against him or wait till the case reopens and to lodge complaint i m left with only 15 days.
Pls advice
Devajyoti Barman
(Expert) 05 March 2013
Complaint in Consumer forum against advocates are not entertained.
If you have grievance then you can lodge complaint in Bar Council.
CoolSoul
(Querist) 05 March 2013
Is there any time duration like u have to report within 2 years
Kiran Kumar
(Expert) 05 March 2013
If there is a deficiency in service rendered by the Lawyers, Complaint under the Consumer Protection Act, 1986 is maintainable.
Refer to following National Commission Judgment:
Narinder Kumar v/s R.K Goel, 2009(3) CPJ 35
2009 (4) CLT 561 (NC)
Yes the limitation period for filing the complaint is 2 years from the date of Cause of Action.
CoolSoul
(Querist) 05 March 2013
Thanks for the response
pls let me know do i have to wait till he reopens the case or hire other lawyer to reopen the case.
Kiran Kumar
(Expert) 05 March 2013
If you are not satisfied with your lawyer then better change your lawyer.
Better not to loose your mental peace.
CoolSoul
(Querist) 05 March 2013
Appreciate ur response
change in lawyer at the time of reopening the case, will it effect my case in future
Kiran Kumar
(Expert) 05 March 2013
dont worry, if proper grounds are taken, then no adverse impact will be made on merits of the case.
CoolSoul
(Querist) 05 March 2013
Thanks for timely response
Raj Kumar Makkad
(Expert) 05 March 2013
Nothing to add more as the similar issue has already been discussed on yesterday.
