Kishore Malhotra (Govt Job) 29 September 2015

Cheated by Lawyer

We engaged a lawyer in a case filed by spouse under 125 crpc. I was asked by my advocate that i need not to come. 3 hearings taken place bt our adv didnt marked his presence before the court..although i reminded him abt the hearing on scheduled date. he just tell us tgat next hearing has been fixed. once i personally attended the court where i came to know that the case has been decided exparte due to continuous absece on our side. on enquiry from the adv he told us that this has happened inadvertently . we had arguments with the adv before replacing the other one. bt he is not ready to refund our fee wt we had paid him. Is there any institution where we can file a complaint against him for not attending the court and non refund of fee. Since no adv give any cash receipt for fee he has taken we have no evidence on that account...bt power of attorny is held with the court for present ing the case. pl advise.

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3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 29 September 2015

I agree it was negligence from both URself and UR lawyer for getting the decree expartee.No lawyer will refund the fees if U change him.Hence obtain NOC from him and get a good advocate for further course of action.Be vigilant in the proceedings.What are the contents of the decree awarded?Its not POA but vakalat to represent U in the proceedings.

(Guest)

Advocates are like that only, most of them are like that now a days, finding good lawyer = finding good wife.
You could give complaint against this lawyer to Bar association, but doing like that would not help you much, if one lawyer is like this, how will its president be?

Do one thing, you can give complaint to District Judge for cancelling his licence, file a cheating case on this particular lawyer.

Write detailed letter to DJ and see what happens.

Fees paid is already gone in some bar and restorent bill, thats all, that you wont get back from any lawyer, as yours is matrimonial case and lawyers alre like this you are bound to spend a fortune both for lawyers fees as well as paying your wife, no use of all this. better go for MCD and get the headache resolved in one go. Like this you will be in more trouble and your peaceful days are all but over.

SAINATH DEVALLA (LEGAL CONSULTANT) 29 September 2015

Gyan Prakash,

U are not a lawyer by profession and U have no business to criticise a lawyer which is derogatory,defamatory and objectionable.This is Lawyer's Club of India and not XYZ"s club.Even I have pointed about the negligence but not the Lawyer Community as a whole,take back UR remarks as it would act as a precedence for others too.