Excess amount paid for Registration
Veerchandra B Shetty
(Querist) 10 October 2010
This query is : Resolved
I had hired services of a lawyer expert in property matters for purchase of a flat of 1800000/-. As advised by the advocate I arranged for a Demand Draft of Rs. 30000/- for registration of my flat. However when i went to collect the documents after registration it was seen that the registration fees was only Rs. 18000/- and i was issued a receipt for Rs.18000/-. Now the advocate is not ready to follow with the concerned authorities for the refund of excess amount paid and overall he has taken an excess amount of Rs. 5000/- over and above his actual service charges. So can i file a case against the lawyer in the consumer forum for failure in his services due to which i have paid an excess amount of Rs. 12000/- to the registrar which has still not been refunded nor he is willing to follow it up.
Raj Kumar Makkad
(Expert) 10 October 2010
Yes. A lawyer is not above law and legal procedure so if any deficiency in his service has been made, you are free to file a consumer complaint and even can move a petition to bar Council of your particular State and can lodge your complaint therein. Such lawyers are black sheep of the noble profession which should be weeded out to raise the confidence of general person.
R.Ramachandran
(Expert) 10 October 2010
Dear Mr. Shetty,
The following points need clarification first.
(1) What was the value of the property shown in the registered document?
(2) Whether the Advocate had given you any opinion in writing about the amount of registration fee payable? and whether the value indicated in the opinion and the one shown in the registered document are same?
M/s. Y-not legal services
(Expert) 10 October 2010
I agree with above both experts.. Dear shetty.. An advocate also a human only. His mistake may be negligency.. Just again once consult your advocate to get refund your excess stamp duty. Its possible only. If he not cooperate with you mean then you are free to file a consumer complaint against your lawyer.
R.Ramachandran
(Expert) 13 October 2010
Dear Mr. Shetty,
You are yet to come back with the details which I asked.
Veerchandra B Shetty
(Querist) 13 October 2010
Hello Mr. Ramchandran,
As queried by you It is to state that the property value as per the agreement is Rs. 18 lakhs
The advocate had in advance given me in writing and had asked me to give three Demand Drafts one for Stamp duty of Rs. 72600/- second for Registration Rs. 30000/- and the third for CIDCO transfer Rs. 30000/- and other charges. Accordingly i arranged all the 3 demand drafts.
R.Ramachandran
(Expert) 13 October 2010
Thanks for your info.
If you want, you can take action as suggested hereinabove by Advocate Mr. Raj Kumar Makkad.
