How to approach bar council - to complain against advocate
(Querist) 10 April 2014
This query is : Resolved
Background - I have rent out my flat in Mumbai to the Advocate, for 22 Months. The Agreement is registered as well. The period agreement was expired on 31 Dec. 2013. Still I haven't got the possession. He haven't paid the rent as well. The Advocate is saying by-laws the agreement is still valid even though the period of 22 months has been over. After 3 Months of waiting period I am filing the case against him in the Competent Authority to recover the possession.
Could you please help me to teach him a lesson? I am worry that he is going to use the same way of troubling innocent people like me.
Please help me to find below questions.
1. I just want to understand the process to file the complaint. 2. In future how that complaint will be carried over by the State Bar Council. 3. What kind of evidence, do i need to give to them 4. How much time it will take by the Bar Council. 5. Will Bar Council will file case against the Advocate or what's the process it will follow.
(Expert) 10 April 2014
1. The issue of rental agreement cannot be a criteria for complaining against the Advocate before the Bar Council. Only issues of breach of professional ethics by an Advocate in connection with legal proceedings pursed on behalf of his client can be made an issue before the bar Council.
2. As for the tenancy issue this matter can be petitioned before a Small Cause Court seeking eviction of the tenant on the grounds of for non payment of rent and the expiry of the rent agreement and that the landlord now wants to enjoy living in his own premises.
3. You need first to serve a legal notice on him through an advocate before proceeding to file eviction petition.