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ANJU JOSHI (Housewife)     21 December 2011

Advocate fees

Hello Sir,

My husband enrolled for CRM  course,and paid Rs25000 to a person,but later found that the concerned person had no infarstructure or required teachers for the course.When we asked for refund,he agreed to pay us 20000 only,then finally he gave us cheque of 19000 only.And even this 19000 got bounced.Despite of our regular calls,and frequent visits,he is not paying us back this amt.My query is 

1)Should we first file a police complaint or contact any lawyers.

2)What are the court chargs and other expense in this case.

3) What is the average advocate fees in this case,since we have financial constraints.

4) How much time it takes to settle such cases,since being in regular jobs,it will be difficult for us to run around police and court on daily basis.

We are middle class family,never dealt with police and courts,so bit hesitant whether taking up legal action would be worth doing since he is a localite and had threatened that he had good contacts in police.

Kindly request your legal advise in this case




 7 Replies

ajay sethi (lawyer)     21 December 2011

it depends upon where you are located , pendency of cases in courts in your area . so cannot give a fixed time frame . it may take taleast 2 years . as far as lawyer fees are concerned it would dependupon the experience of lawyer, how may dates are there in the matter .

if cheque has bounced you must within period of 30 days issue him legal notice

Satish .J.Agarwal (Advocate &Legal Advisor)     22 December 2011


If you simply file a complaint in police station where the accused resides,the police will take your complaint for cheating which is non bailable offence under the law and produce him before the court for further proceeding.

However if police does'nt act ,then ask your lawyer to file private complaint under section 200 CR.PC to the Magistrate and then Magistrate shall order the police to probe the matter and the proceeding will move further.

Apart from this,You may also file a case for cheque bouncing u/s 138 of N.I Act,If you do this much the accused will be under trouble and you will get your money back along with interest and also the accused will get the punishment by the order of the Cout.This entire process may take about 6 months to 1 year but you will surely get the result.

If you need my further assistance ,you may call me at 9769383431 only between 5 p.m. till 7 p.m.

Pradeep Rohra (Advocate)     22 December 2011

Hello Anjuji,

In my view you have to file Consumer Complain under Consumer Protection Act 1986 for Deficiency of Service and for mental agony also in the District Consumer Redressal Forum. You will get speedy justice.

Pradeep Rohra (Advocate)     22 December 2011

If you need any guidance in this regards then call me on 09824253770 between 9.00 a.m. to 10.00 a.m..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 December 2011

You can file two cases.


1. For cheque bouncing after completing due process.

2. For cheating. It may not be registered in police station, so you may need to move court for the same.


Shonee Kapoor

ANJU JOSHI (Housewife)     12 January 2012

Hello....I am very thankful to all of you for having given me your legal advise and guidance.

I had sent a final mail to this person who has cheated on us and i also attached  a copy of this post of the forum and all your replies,just to assure him that i am keen in taking the legal action against him  and to my surprise within a week he deposited 19000 cash in my account.

I am so relieved today,and from the bottom of my heart  i am really indepted to you all.Without all of your advise this matter would not have been closed so fast and so easily.

God Bless u all and wishing you all very happy and prosperous new year.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 January 2012

Never mention.


Good that your issue is resolving.


Shonee Kapoor

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