Vikas (Prop.) 09 September 2011

Case on lawyer under consumer protection act, 1986

Dear to all,

I have a question , requested to participate in the same.(I am not Lawyer), so guide me.

Case History : I have give some amount for sugar factory for working as a employee(X Amount). But factory has not given the satisfactory service & salary( as committed). & Factory is return my despoited cheque. But as soon as i desposied chq. get bounced, -3 time.

I filled case on sugar factory in Barshi-Solapur(Maharastra) along with lawyer. i have paid the amount to lawyer to proceed the case in court. with this i have given the original cheq.(Bounced) to lawyer to stand the case. this is real story NOW WHAT HAPPEN

1) Lawyer has not summitted the Original chq. in Court (missed out by laywer)

2) We attend the hearing 10-12. Now what happens, lawyer not communicate the court hearing date and also lawyer not not present for hearing in court (Lawyer attendance sheet - copy is with us- that clearly indicates the non presence of lawyer)

due to 1, 2 court dismissed the case.

But as soon as court dismissed case & we are shocks (court case hearing dates not communicate to us, & whenever we ask for case date, he told us dont worry, i will get the justise to you) to check the reality we go to lawyer - the lawyer says that

a)you dont worry case is so strong & we will win 100%,

b) Although Original chq. is misplaced by lawyer, that dosent matter, dont worry.

THEN WE RECORD THE STATEMENT (Via Tape Recorder) a) & b) & THEN FILLED CASE AGAINT LAWYER IN SOLAPUR CONSUMER COURT. BY PROVIDING THE EVIDANCE 1), 2) & RECORDED STATEMENT OF a) & b). CONSUMER COURT GIVEN DECISION FROM OUR SIDE.

SAME CASE IS FILLED/ APPEAL BY LAWYER IN BOMBAY COURT & DEW DELHI CONSUMER COURT- & WE WIN.

NOW HE FILED APPEAL IN NEW DELHI HIGH COURT. & SAYS THAT Lawyer would not come within the ambit of Section OF 2(1)(o) of the Consumer Protection Act, 1986.

Now my Question is

1) When we are giving money for defend the case & fails to fulfill the service ( Misuse of clients chq. / absent in court / ) such case we not claim under consumer act provision ??

2) If Lawyer not comes under Consumer Protection Act, 1986, then how lawyer can punished for his illegal activities.

3) If so HOW CAN THE LAWYER CAN PUNISHED

4) IS ANY LAW EXISTS WHICH PROTECT TO US ??? because we pay money to LAWYER

Please Guide me on the subject matter. Last ten years I am depress with fightening with this legal formalities.

Please note that I have 1 % knowledge of LAW & LEGAL

YOUR COMMENT WILL BE HIGHLY APPRICIATED.

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3 Replies

R JAYARAMAN (Consultant) 10 September 2011

any one providing any service to any other person for fee is covered under the Consumer Protection Act. Since the Lawyer is providing you service for fee the profession of lawyers definitely comes under the perview of the Act.

Further you can bring the matter to the Bar council - Maharastra in this case, for appropriate act for dereliction of duty; professional misconduct

you can file a case under IPC for breach of trust; criminial misappropriation; cheating and fraud

discuss this matter with your well wisher/s there; another lawyer may not take up the case for obvious reasons;

Jayaraman

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(Guest)

Dear Vikas,

As I feel you have also posted your query at the Expert level, you must also have noticed a lot of discussion on the following thread:

https://www.lawyersclubindia.com/experts/Lawyer-is-comes-under--228581.asp

I strongly feel that the lawyers also come within the purview of the Consumer Protection Act and also that the judgment of the National Consumer Forum was right. So, you would definitely need to form a very strong case to fight against the appeal of the lawyers and also to find some honest and rational advocate for that, as I feel most of the lawyers would not come to your rescue.

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Vikas (Prop.) 13 September 2011

THANKS TO ALL FOR PARTICIPATING.