Is the advocate taking me for a ride?
Kumarsirik
(Querist) 30 April 2012
This query is : Resolved
Refer to this case
http://www.lawyersclubindia.com/experts/Land-grabbed-by-municipality-282106.asp
I paid INR 25K to the advocate to file a writ against local municipality who have constructed in our land assigned to my grandfather as a political sufferer.
He never took any signatures from either me or my father and informed that the petition is filed. Later, he claimed that the arguments are progressing in our favor. Last few weeks he is not available on phone even. When I meet him personally he assures me that things would be fine. He is a man of repute and standing in the society. I do not know whether to trust him or not.
I search for my case in the website developed by NIC, but, cannot find a single case that matches the petitioner nor the respondent.
My questions are
1. Is 25k a reasonable amount to pay an advocate to file a writ on a straight forward case?
2. Is it not necessary that the writ filed carry a signature of the petitioner? Can the advocate sign himself?
3. Are all cases found on the official website or are there exceptions?
Thanks
ajay sethi
(Expert) 30 April 2012
rs 25,000is very reasonable amount .
writ has to be signed by petitioner .
writ must have been filed not numbered on account of failure to remove office objections
Adv.R.P.Chugh
(Expert) 30 April 2012
1. Endorsing Sethi Sir - I need to reiterate that what a lawyer charges depends on his standing, expertise and legal acumen.
2. It has to be signed by the petitioner normally.
3. You know how government depts work. The website is just like that but only online. Hardly updated.
4. Ask your lawyer to give you certified copies of proceedings until now. The Court orders etc. so that you get a hang of the situation.
Anirudh
(Expert) 30 April 2012
Please make a personal visit and meet the Lawyer concerned.
1. Ask for a copy of the writ petition filed. (Trying over phone is not the best option).
2. Ask for the Writ Petition No.
3. As for the dates on which the hearings took place.
4. Ask for the photo copies of the orders passed by the Court on the respective date of hearing.
After ascertaining the position, please come back to the LCI, in case still you need any assistance / guidance.
SAINATH DEVALLA
(Expert) 01 May 2012
Dear Sirish,
Instead of firing up the advocate,you can go to the court and know the status of your petition.As a client you too have some responsibilities regarding your case.Your's will not be the only case your advocate must be handling.There is nothing wrong in asking for the above mentioned documents,as stated by the experts.
Shonee Kapoor
(Expert) 02 May 2012
I endorse Ld. Sethi and Ld. Anirudh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Kumarsirik
(Querist) 17 February 2013
Dear Experts
I tried in vain to get information about my case number, case details. I did not sign any documents. I do not find any case listed, in my name or my village where the property is in dispute, on the website. The advocate refuses to meet, does not pick the call. If I barge in to his house he would assure that the order will be out in a day or two. Can someone advise how to deal with this person? Last week when I confronted him regarding veracity of his commitments he gave a lecture on his honesty and values.
Anirudh
(Expert) 17 February 2013
I do not know why you took 9 months to come back to LCI.
In any case, now better make a complaint against the Advocate concerned to the Bar Council in your State, with all documentary evidence.
Sudhir Kumar, Advocate
(Expert) 17 February 2013
check from the registry before speaking to lawyer. H emay not be bluffing or may be bluffing. Generally it is not likely that a cse may be filed witho9ut your signatures.
ajay sethi
(Expert) 17 February 2013
lodge written complaint with bar council .
V R SHROFF
(Expert) 02 August 2013
It seems WP was not filed.
So go ahead with Bar Council.
