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vijendra singh (officer)     14 August 2011

Supreme court legal aid committee lawyer cheated me.

To file my SLP in Supreme Court; I was provided a lawyer  by the Court;s free aid service committee.  Such panel  Lawyers  are paid by  the committee  when the litigation  ends.

But my  free  lawyer Mr K.P.Mavi was badly reluctant ; he did not take any interest in the case filing;  he refused to discuss the case strategy with me , & to take my important instructions in the matter;   He refused to talk to me ,& ordered me to  talk through the legal aid committee only;  He asked some extra money from me to persue  the case properly .  

And at last ; he did not file my SLP within the stipulated 30 days period.

Smelling his unethical,  anti-professional , dishonest conduct ;  after 31 days   I  requested him to return my case.    Mischief   Lawyer returned   the case ; saying  that  I   harassed him   by false allegations.

While in fact; the lawyer  harassed me ; as well  as  caused  losses  to me by  delaying my case  beyond the limitation period.

Can  such  unethical   lawyer  can be sued  i) under IPC 166 etc.    ii)  under Consumer Protection Act .              

iii)  some other effective  law.                                             Please guide. & also inform why the legal aid committee enrolled such  dishonest, unethical, cheaters.



Learning

 13 Replies

Sanjeev (Lawyer)     14 August 2011

As per the charter of the legal Aid society the action can be taken against a Advocate on receipt of a complaint in writing so give a complaint in writing along with the facts and evidences. Though I admit the ethics that should be followed by lawyers are not being followed these days except for very few and they do not understand the pain and state of mind of the litigants and are just concerned about money.

And I am very sure though even after submitting the complaint no action would be taken by the committee against the lawyer concerned as he will completely put the blame on you. Still dont leave such people and follow up on the complaint status. Also do submit a personal complaint letter to all the members of the legal aid society as below:

 

1.
Hon'ble Mr. Justice S.H. Kapadia
Chief Justice of India
... Patron-in-Chief
2.
Hon'ble Mr. Justice Altamas Kabir
Judge, Supreme Court of India
... Patron
3.
Hon'ble Mr. Justice R.V.Raveendran
Judge, Supreme Court of India
... President
4.

Shri Goolam E. Vahanvati
Attorney General for India

... Ex-officio Vice-President
5.
Mr. Ranjit Kumar
Sr. Advocate, Supreme Court of india
... Honorary Secretary
6.
Mr. P.H. Parekh
Sr. Advocate, Supreme Court of india
... Honorary Treasurer
7.
Mr. Raju Ramachandran
Sr. Advocate, Supreme Court of india
... Member
8.
Mr. Ravi Shankar Prasad
Sr. Advocate, Supreme Court of india
... Member
9.
Mr. L. Nageswara Rao
Sr. Advocate, Supreme Court of india
... Member
10.
Mr. Paramjit Singh Patwalia
Sr. Advocate, Supreme Court of india
... Member
11.
Ms. Indu Malhotra
Sr. Advocate, Supreme Court of india
... Member
12.
Ms. Indira Sawhney
Advocate, Supreme Court of india
... Member
13.
Ms. Binu Tamta
Sr. Advocate, Supreme Court of india
... Member

18. Once the case is assigned to an Advocate it is the responsibility of the Advocate to deal with the matter as he/she deems fit in the interest of the client and the Advocate is required to communicate directly with the litigant and the Society will not monitor assignment and final disposal of the matter. However, the Society will intercede upon the receipt of a complaint in writing.

19. After a complaint is received by the Society from the litigant and/ or the concerned Advocate against the litigant / Advocate then the Committee after enquiry may take such action as is deemed fit and necessary.

20. If the Advocate who is appointed under the Scheme is found negligent in the conduct of the case entrusted to him, then he will be required to return the brief together with the fee which may have been received by him from the applicant under the Scheme.

Further, the Society would not be responsible for the negligent conduct of the case but the entire responsibility will that be of the Advocate vis-a-vis the client. The name of the Advocate would however, be struck off from the panel prepared under the Scheme.

3 Like

Alok Tholiya (self employed)     15 August 2011

Even I have been cheated by an advo in MACT and MRTP courts. No easy solutions. Though I am planning to drag some leading advocates of opposite side to Bar council as they have been taking ride of me and courts.

vijendra singh (officer)     15 August 2011

At least half of the  lawyers today are  cheaters as per the  public perception.  And more shocking  thing is that  these  cheaters  ,as well as  their  ' bar associations'  declare  the lawyers  as  'respected'   &  'officers of courts'  etc etc.

So  the cheaters  have  been knowingly defaming the  courts /  Supreme Court of India / judiciary .   I request  all the  courts  including  High Courts / Supreme  Court   to  take  exemplary  punitive  actions  against  those   misconducting  advocates  .

Respected Anna  Hazare  should  include  the  'bar  associations'  & lawyers  in the 'Lokpal'  or 'Jokpal'.

Advocate. Arunagiri (Advocate High Court Madras.)     01 September 2011

If you have complaints against the advocates, you can give complaint in the Bar Council to which they are attached.

Pankaj Rai (Lawyer)     23 September 2011

Agee.

Pankaj Rai (Lawyer)     23 September 2011

agree

seema sharma ( manager)     24 September 2011

Mr vijendra singh ,

 it is also unethical to call half of lawyers cheaters.may be you are in pain but it does not give you right to call advocates community like that.

further it may be your fault in your desperation to get justice/remedy that you had become senseless and hyper like now .May be you are a hyper but let the all facts must be come into light.

just going to bar council, you should not expect any magical remedy.There you have to prove with evidence etc.

I suggest you that dont treat advocates like your servants, may be being a human there lies good and bad both categories.

But i take it offensive if you call advocates cheaters.

I ask you why you not complainted right then when all it is happening , you seems to know some thing about law, then what is the delaying cause.

hope you understand the essense of my sentimetns.

P.s.-allother prsons supporting him should check all facts....!

DR.SANAT KUMAR DASH (Eye Specialist)     17 November 2011

File   a   complaint    petition   to   the   Bar   council   of  Supreme   Court   of  India   for  necessary    remedies   as    per   Law. Here    you   shall     give    all    the  Evidence   with   proof   to  win  the   case.

vijendra singh (officer)     22 November 2011

Manju Sharma,

From the facts mentioned by me; it must be obviously clear to all sundry persons of this world, including you that   the client  can never harass the advocate.  So you have given biased view on the problem; reason may be best known to you.  You also may be having similar qualities as of my  mischief lawyer.  I reiterate  my statement  that   about 80 % lawyers are  looting as dacoits. Govt / courts/ Anna Hazare must  come forward immediately to  eradicate the unethical loot. 

If you want to check the  authenticity of my facts; pl  verify the records from the Sup.court Leg.Ser.committee itself.

If you find me wrong, false ; I am ready to  undergo any vigorous penalty whatever you want. Therefore pl  never defend  the  guilty lawyers.  Misconducts of the lawyers must not be abetted by you under any circumstance whatsoever.

So pl improve your mind ethically.

SACHIN AGARWAL (ADVOCATE)     17 December 2011

It is not good to form any opinion in respect of whole community of advoactes. If you have any complaint against any indivisual advocate, you can make it before the competant authority or Council.

If you would prove your complaint, the culprit would certainly be kicked out.

Better to lodge your complaint before concerned Bat Council.

k p mavi (advocate)     03 December 2014

To join issue with an unscrupulous litigant like Mr. Vijender Singh who was removed from the bank for his dishonest act is amount to give oxygen to them. Mr. Vijender Singh was removed from the employment of the bank due to his fraudulent acts. His dismissal was upheld by Gujarat High Court and by the forum below the High Courts. After reading his papers I came to the conclusion that his case is not fit for filing the SLP before Hon’ble Supreme Court. And various other cases which were marked to me by the Supreme Court Legal Service Committee I returned the file with my opinion that not fit for filing the SLP before Hon’ble Supreme Court. There are cases when I came to the opinion that case is fit for filing the SLP I filed the SLP and in those cases litigant has got reliefs from Hon’ble Supreme Court. But if you face unscrupulous litigant who want you to come to a particular opinion according to his whim and fancies then only option remain with a lawyer to return his briefs to the person concerned and I did the same thing in his case also. I have informed the competent authority about his conduct at the appropriate time and it was after knowing my communication with the competent authorities he started blame me. I also ignored the observation and suggestion of some lawyers on the allegations made by Mr. Vijender Singh since they were not aware about the record of his case maintained in the Supreme Court Legal Service Committee as well as his character and circumstances in which he was removed from bank employment.

 

The reason for the belated response is my reluctance to join the issue with an unscrupulous litigant. But some of my friends insisted me to put my point of view on record so that reader of the content is able to take balance view on the allegations leveled against the entire legal community. 

Abhishek Choubey   02 December 2017

But two more qns of law arises . Isn't a government employees termination is eligible for honourable judicial review?? Aren't honble you have decided the case facts ?

vijay kumar (student)     08 December 2017

well i hired a lawyer he never filed the case and never returned the money.

another one filed the case but never argued the case.

i filed complaint in bar council with proof, 

and bar council stated i should submit 30 copies of complaint and 7000 as complaint fee then only they will proceed further. this is how bar council works.

this has made be a skeptic towrads lawers. 

but then at the end of the day there are good and back people in all professionan, 


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