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Kamlesh (OWNER)     11 September 2016

File a suit against advocate

My self kamelsh. 
I hope this is the right place for me to get proper answer and solutions regarding file a suit against advocate.
I am explaining my case........
Before 7 to 8 months i had seen an office space and i want to purchase it so i had contacted the property owner and he was an advocate.
After looking the office i had decided to purchase it but i want to know about property at that time so i had told him that i will purchase it but after verification but he pressurize me and he told me that i will manage loan for you and many other things. So i had done banakhat at that time of Rs. 1,00,000/-
After doing banakhat he refuse to help me for loan against property. He said that now you take loan at your end i will not help you. Then i had tried for loan but unfortunately i am unable to take loan because of problem in property valuation and property was 21 year old and also my cibil score.
Now i had told him that i am unable to get loan because of those problems. So he told me that i didn't give you your Rs. 1,00,000/- of banakhat. 
Also i  had done inquiry about that property and i found that he already done this type of fraud to other people and i am a third person who involved in his game. In Banakhat it is clearly mentioned that if i didnt arrange money in stipulated time period then you will not able to get back your banakhath amount.
Now i want to file a suit against him but he is also advocate.
So please anyone help me or suggest me how to file a suit against him.



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 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 September 2016

Instead of suit, file a complaint to state bar council of India in your state capital city

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 September 2016

Instead of suit, file a complaint to state bar council of India in your state capital city

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 September 2016

Instead of suit, file a complaint to state bar council of India in your state capital city

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 September 2016

Instead of suit, file a complaint to state bar council of India in your state capital city

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 September 2016

Instead of suit, file a complaint to state bar council of India in your state capital city

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 September 2016

Instead of suit, file a complaint to state bar council of India in your state capital city

Kamlesh (OWNER)     11 September 2016

ok sir

 

Satya Narayan Mohanty   11 September 2016

So from the facts of your case it is clear that the lawyer had the sole intention to cheat you and other deceived persons that you are of knowledge now. You can file a case against him u/s 415 of IPC (cheating) Also as regards the money advanced by you and the undertaking that the money will not be returned to you if you fail to arrange the loan is subject to the lawyer persuading you to help in getting a loan. So if the lawyer now does not help you get a loan and your also cannot arrange with reasonable diligence then the condition of getting a loan is rendered impossible by the party to contract (lawyer) and that's why he cannot force you to perform the contract. You may consult a lawyer for more details. But from the facts it looks like you have a good ground to proceed against him

Nitish Banka (lawyer)     12 September 2016

No case of cheating is made out as in an agreement its clearly written that if you are unable to arrange money earnest money is forfeited, verbal agreement has no value, complaint in bar council is not maintainable. you could have added a clause that if that advocate failed to arrange the loan then he will return the money then only case of specific performance will made out.


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