Lawyer is not giving documents

rita (Querist) 27 April 2022 This query is : Resolved
Hi Team,

My lawyer had suggested to file a case under section 420, 406, 520 and 506 for a cheating case towards property.

My lawyer is not sharing any documents with me for the court fees paid and application made to the court.

Till now I have paid him 26000 - which he has told me it is application and court fees paid to the court but no receipt shared.

He is now demanding additional 14000 for court verification fee.

I feel the lawyer has not filed any case or submitted any documents can you please suggest what can be done in this case

Also please let me know if any action can be taken against such lawyer?

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Quick Summary

A user is concerned because their lawyer is refusing to provide documents and receipts for court fees paid in a cheating case. After paying £26,000 and being asked for more, the user discovered no court fees had actually been paid. The lawyer is now refusing to return the money or provide an explanation. Advice suggests reporting the lawyer to the Bar Council for professional misconduct, as police action is unlikely at this stage.

kavksatyanarayana (Expert) 27 April 2022
You can inquire in court whether your case is numbered or not. If you feel that he is not doing well, now change your lawyer for the case. The lawyers never issue a receipt for the amount they took.

rita (Querist) 28 April 2022
@kavksatyanarayana If there is courts fees paid shouldn't I be receiving a receipt of the fees paid to the court?

rita (Querist) 28 April 2022
@kavksatyanarayana How can I find the amount paid by the lawyer in the court?

kavksatyanarayana (Expert) 28 April 2022
It cannot be issued but you can verify the counter whether the court fee was paid or not and then ask him if any you find.

Pradipta Nath (Expert) 29 April 2022
It is reality that the court clerks will not entertain your query and will always ask you to bring your lawyer with you. Therefore please change your Advocate and try some new arising Advocate.

rita (Querist) 10 May 2022
I visited the court and the court clerks were quite helpful. To my surprise there is no court fees paid we checked 10 days ahead and 10 days behind to the actual date. I spoke to my lawyer he is refusing to give my money back and now even fails to answer my calls. Also now he is telling me it is his fee for drafting court letter. Can you guys please suggest what action can be taken so that I get my money back. Some people are suggesting approach the police and some are saying to approach the bar council. Need your expertise on this @pradipta @kavksatyanarayana

Pradipta Nath (Expert) 11 May 2022
See in criminal proceedings and more particularly in your case there is only Rs 10/- court fees. I don't have any idea what makes your lawyer to ask for court fee like any civil case for filling case under section 420, 406, 520 and 506. I believe your lawyer either have filled 156(3) or S. 200 petition. Ask your lawyer to return back your money by deducting his drafting fees which cannot be Rs 26,000/-. Else you can complain to his bar association with copy to bar council of India and chief justice of your High Court.

K Rajasekharan (Expert) 11 May 2022
The best place to make a complaint is the Bar Council in your state. An advocate can take any amount (Rs 20,000 or two lakh) depending on his standing for filing a cheating case. But he must file the case and give you the receipt for the amount he received from you.

In this case, he has not done both and hence he is seriously at fault. The Bar Council will take action against him.

Police cannot take action as of now for his professional lapses as the payment you made was done voluntarily for a case.

KISHAN DUTT KALASKAR (Expert) 14 May 2022
Dear Sir,
If you are not comfortable with the Advocate just take NOC and claim for refund of the fees and hand over the same to any other honest advocate.

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