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k balaji   05 February 2023

How to get justice when advocate not moved the listed case further and giving trouble the applicant

sir,

Good evening.

My self working in the Postal Department and approached an advocate in CAT, HYDERABAD for filing case to redress service grievience.The advocate has asked RS.25000/- fee for filing case in which asked to send rs.10000/- as advance and remaining amount to be sent after receipt of verdiction. Myself has appoached in Aug.2017 and sent advance amount to his Bank account through online. After several times called him over phone he has filed case in 1/2018 after 6 months . The case was listed for final hearing in 6/2018. The advocate refuses to give me filed OA Copie.   The filed OA copie obtained by me in other modes by me. From 6/2018 to till date about to 4 and half years the case is not listed for further hearings on to the bence due to advocate not approached the CAT for next hearing. He has expressed that further 10000/- to be given to him to move the case in violating of prior mutual agreement.  I have been told to him the remaining amount to be given to him after receipt of verdiction in to the case. For this reason he has not moved the case from the last 4 and half years. in these circumstances how I can get justice and whom may be contact for getting justice . please advise or guide me in this regard. The advocate behaviour is not in order and trying to extract money from me .

Thanking you.

 



Learning

 3 Replies

Dr J C Vashista (Advocate)     06 February 2023

Replace your lawyer with some other local reliable prudent lawyer, preferably from CAT or practicing in CAT.

File complaint against your lawyer (present) in jurisdictional district consumer disputes redressal commission for deficiency of service and State Bar Council for misconduct

T. Kalaiselvan, Advocate (Advocate)     06 February 2023

Since you have not followed up the case through your advocate your case remains in the same stage.

You were scared to contacte your advocate because he may demand more  money, but what is the use, the case has not progressed after getting it numbered.

Did you even try to get NOC from him to engage some other advocate?

The amount what you have given it to your advocate around 4 years ago is not a big amount besides he has filed the case and not cheated you by not filing the case.

Therefore if you want remedy through him you may oblige the remaining payment and get the case conducted through the same advocate or pay another big amount that may be demanded by another advocate if ytou would change your lawyer.

In my opinion there is no misconduct on the part of the  advocate neither any case can be filed against the advocate for deficiency in service. .

 

k balaji   06 February 2023

thank you sir


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