Cheating done by my lawyer
Rashesh
(Querist) 26 May 2019
This query is : Resolved
Dear sir, I am living abroad and my parents are in India, living in Visanagar which is in the district Mehsana, Gujarat. They are a senior citizen with 75 years of age. Due to the ignorance of my father, some trespassers occupied our property ( my father allowed him to use the property) without a tenancy contract. When I was in India 2 years back, I enquired about the ID card of the people who I found using our shop. They refused to provide me their identity. After I went abroad, they put a civil case on my father for property rights. My father is a very innocent and illiterate person but due to his kindness, such illegal persons took advantage. Now the situation is I am defending my case with the help of a lawyer to whom I gave a cheque of Rs 60000 for his fees he asked us to pay in advance. I made a receipt and terms of his service contract, he refused to sign and later he cheated me and my father, he called my father in court and asked him to sign on a paper which he later submits in the court by writing that he is willingly withdrawing the case with the permission of the client. This is a breach of trust, dishonesty, cheating or anything you can say. I immediately complain via email and sending a registered AD letter to the president of the Bar Council but no response. I wanted to file a complaint to Consumer court also for justice, could you please advise, if the Bar Council does not reply ... what should I do? I immediately sent a notice to the lawyer for giving the reasons for withdrawing but he never replied. He is also not ready to return the money. I am in a problem and confused. Please, could you guide me what should I do to recover my money and also if there is no action by bar council of Gujarat, what can we do?
Vijay Raj Mahajan
(Expert) 27 May 2019
No use Bar Council won't do anything against the Advocate. Engage another honest advocate and proceed with the case.
Your money paid to the Advocate can't be recovered even if you file any Consumer's complaint against him as your father had given in writing that can't be proved to be taken by force or fraud from him. You will be wasting time and money going behind the advocate now.
SHIRISH PAWAR, 7738990900
(Expert) 27 May 2019
Appoint another advocate and file appeal against the order. Filing of complaint against earlier advocate will result in nothing.
