Pawan S (Advocate) 23 November 2017

Availing legal aid through a false declaration

Dear Expert,

Need your advice on the below issue.

In one of the civil litigation where the defendant, who is a Promoter/Developer of buildings has claimed legal aid from District Legal Service Authority by showing that his family income is not more than Rs.2000 per month and unfortunately his request has been accorded/granted by the Authority.

The plaintiff has asked the Legal Aid Dept through RTI, to disclose the documents submitted by the Developer/Promotor, based on which, he got the relief. The Legal Aid Dept, provided the information, that the Promoter has submitted a family income certificate which was signed by the local councellor.

The plaintiff wants to file another suit against the Promoter/Developer for this unlawful and malafide act, since the Promoter/Developer has defrauded the government and usurped public money on false pretexts.

Please advise, how should the plaintiff proceed in this context.

Regards,

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5 Replies

Siddharth Srivastava (Advocate) 23 November 2017

If you have any proof then file application along with proof to the Secretary and chairman of legal aid authority of your state. The certificate of counsellor is use less.The income certificate is issued by revenue officer or executive magistrate.

G.L.N. Prasad (Retired employee.) 24 November 2017

It is a past sin to step into court as complainant in criminal offences and police, as one has to suffer mental torture and killing himself with tensions.

If there is no loss, just make a complaint to secretary requesting him to proceed legally by filing police complaint for making fake claims.

Then file another RTI seeking information on action taken against your complaint

When you are not suffering any financial loss, forget and do not the ego dominate you in fits of anger.

(Through post I am aware that you are an advocate and still- observe restraint and act professionally.)

1 Like

pankaj verma 24 November 2017

deposit his license in the court with complaints

P. Venu (Advocate) 24 November 2017

First of all, bring the facts to the Notice of the Legal aid Authority.

Pawan S (Advocate) 26 November 2017

Thanks expert for your valuable suggestion.

The complainant has already notified to the Legal Aid, but they refused to take any leagl steps against the offender without mentioning any single reason for their refusal.