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vijay kumar (Tutor)     06 June 2014

Professional malpractice

in the month of april 2014 , i went to meet with a lawyer , 

he said he will charge rs5000 to draft and file the informatory petition , which includes his consultation charges .

on the day of filing he started to ask for more , he said he need another rs2500 for travelling allowance. 

i gave me 6100 in total and said take rest of the money when you will give me certified copy . that day he said he could not file it and said he will file it next day for sure , but next day he said he needs yet another 5000 to file the case . 

since i was in dire need to get the case file , i said , i do not have that much money , asked him to file the case . he said he will petition , at night i called him to inquire about the case , he did not even took the call, next day i tried again , i tried like this for couple of days , he never reverted back or responded , i sent sms and emails too but he never reverted back . on 29 i tried to call again , he said he need rs5000, to file the petition , i asked him to return the money which he took , as petition should be filed on 22nd may . but even after a week he had not . 

i paid him , rs6100 , to file the petition on time , that's 22nd may , which was not filed on time . which has unfavourable for me and my family . he mentally harassed me and my family , not only he harrased me , he caused depression and stress , and the person for whom this petition was made , could not take it , he was a heart  patient and suffered badly because of his malpractice. 

i want my rs6100 back  and the papers he took from , he is an influential lawyer with many deep reach in bar council , making a case against him in bar council will not yeild anything but pain and if possible in compensation i want him to bared from bar council and his legal license be terminated.

i would like to know what can be done , besides complaining in bar council .

 

i would also like to know outcome of the case , DK Gandhi filed at NCDRC which is not at supreme court ?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     10 June 2014

You can give complaint against the erring advocate in writing to the bar council of your state furnishing  the entire details of all those happened, it is better you send it by registered post with acknowledgement card attached to it.  Bar council is nobody's private property, he cannot influence against this.  You may endorse a copy of your complaint to the President of the Bar association where the said advocate is a member/practicing.  You will  certainly find a solution.

vijay kumar (Tutor)     12 June 2014

@T.kalaiselvam , Sir , because of this Lawyers Unethical behavious my uncle suffered a lot and had to bear a lot of pain , he is a heart patient and already faced multiple heart attack , Since you say i can find a solution in bar council i will file a complaint over there .

that being said , I would also like to file the complain for compessastion at Consumer Forum , because we were mentally harrased and we suffered massive loss because of his unwelling to file the case even after taking the money .

can it be filled or not ?


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