I need expert opinion in following legal matter:
For a case under Domestice violence and sec 406/498A/34 , I searched lawyers at one wev site Sulekha.com
and after that called one layers on Phone and discussed the need of lawyers for file complaint in Delhi court under DV Act and police complaints under Sec 406/498A/34.
The lawyers that time seems very experienced and knowledgable asked end to end fee of Rs 40000/ plus Rs 5000/ for Documentation/court fee.
I approached him next day at his office and in preliminary discussion seems a good lawyers and he asked me payment then as I was acrrying Rs 5000.00 I paid him in cash and after receiving that next day he asked full payment in advance to proceed and as I have already paid Rs 5000 cash I also paid next day Rs 2000 and two cheque of Rs 17000+ 20000 which he collected from my account i.e. toatl Rs 45000/ gone to him in month of Sept 2013
After That day the alwyer has changed his initial effective ness now he has become very very casual in persuing my case in the DV Act, 2005 and also refused to draft Police Complaint U/s 406/498A /34 said that for he will charged extra Rs 5500/ as he took fee only for DV Case
Now in DV Case also he either depute some proxy lawyers ( Having no knowledge and file with him to represent me and proxy do only attend the court without any Interim relief which I needed as he in fact not aware with full case and engaged by that lawyer only to attend court on that day.
The main llLawyer also does not pay heed of my relief and have no concern how case goiang against me
on last hearing ( One day before I haned over some case paper at his chamber for sought interim relief for return of Clothes and security paper which are in possession of Respondent and he assued that in court he will claim Interim relief) but on date he did not turned up nor not his any Junior turned up and on phone he told me to manage any how in court as he is busy in another case of Evidence and one assistant is sick, he again sent proxy lawyers on my persuation . result was that in court Respondent were succeeded to state
that Clothes has already been returned ( while only some of useless clothes were returned as per earlier order of court in presence of protection Officer) and give statement no [property papers are with them and than court did not paid any heed to my request for Interim relief.
respondents lawyers on that day supplied thier written statement of Respondents and case adjourned for next 2 & half month. even lawyer till than not contacted me for get copy of W?S which is with me only
NOW I WISH AND HAVE DECIDED TO CHAGE THE LAWYERS AT ALL ELSE I SHALL LOOSE MY CASE
MY REQUEST WITH THIS QUERY IS THAT KINDLY GUIDE ME HOW CAN I TAKE BACK THE FEE PAID ( AFTER PROPORTIONATE FEE DEDUCTION FROM FILING OF COMPLAINT TILL DATE AT THE STAGE OF OPPOSITE APRTIES FILING OF W/S ( WHICH YET NOT REPLIED AND BE REPLIED ON NEXT HEARING.
HE HAS VISITED COURT TILL DATE 5-6 TIME SINCE FILING CASE AND WHAT SHOULD I DO AS I ASSUME HE SHALL NOT BE READY FOR RETURN ANY FEE PAID AND MY FILE TO BE HAND OVER TO ANOTHER LAWYERS. ANOTHER LAWYERS SAYING TAHT HE WILL INSECT PAPER IN COURT AND ON FILING HIS VAKALATNAMA HE WILL STAND OUT IN CASE REGARDING FEE HE SAYS NO CHANCES OF FEE BE RETURNED , SHOULD NOT BE PAID FULL FEE IN ADVANCE.
KINDLY ADVISE WHAT TO DO NOW