Court procedure... favoritism & unethical practices
Guest
(Querist) 12 September 2012
This query is : Resolved
I am an Advocate, not in full time practice but into consultancy. In one consumer case... I am fighting till 2005 at a Delhi Consumer Court against a Telecom Giant because the advocate for other party happens to be son of a retired president of a Consumer Court only. The original complainant has already expired in 2007 and I am appearing in a legal representative capacity.
The case was once decided after 17 dates in Sept 2008 and then in appeal in 2009, it was reverted back to District Forum and since then there have been 17 more dates. On the first date an application was moved under Sec 340 Cr P.C... the arguments of which are pending since the last 12 dates. And the old file/matter is untouched, which was required to be decided afresh.
Further, no costs have been levied on this lawyer since he started appearing in 2006 and most of the time he doesn't appear. All members speak of favoritism... this time the forum member says I am putting this for settlement on next date. To which I objected... so the member says the OP advocate has already communicated me that he is interested in settlement. Though that main counsel hasn't appeared in the court for the last 10 dates and no formal communication as such happened in the court... still forum member knows everything !
My question, what can be done against such unethical practice... should I make complaint to Bar Council of Delhi against such an advocate or should I question Consumer Forum under RTI or file an appeal in State Commission (OP asst. advocate states unofficially they have setting there also).
OR is it a part of profession and I should also meet the members in his chambers and ask them to favor me through some source ???
Shantilal Pandya
(Expert) 12 September 2012
It appears that you have still not raised your voice towards conduct of the other side advocate,you should request the consumer forum to proceed with the disposal of the case in accordance with law even in the absence of the other side advocate and the Forum would not be in a position to deny the same explain the difficulties you are facing for non appearance of the other sides advocate , I think that this will work for you , favoritism need not be presumed so hurriedly and remember every legal wrong has a remedy.
Guest
(Querist) 12 September 2012
Addition:
Favoritism by previous forum president was clear from the fact that when it was first decided in 2008... a authoritative precedent was deliberately ignored by the said president, that's why State Commission has sent it back for deciding afresh.
Further, on the last date in March 2008, some judgments were accepted from OP advocate who appeared late in the court as usual, after I had left as matter was already reserved for order on OP's non-appearance. This fact forms part of order sheet !
Kiran Kumar
(Expert) 12 September 2012
You may seek transfer of the matter to some other bench in case there is a bias against you.
you may approach State Commission in this regard.
ajay sethi
(Expert) 12 September 2012
obtain certifed copy of roznama of each date . on necxt day draw attention of court to peristence absence of OP advocate and his mentioning the case after adjoruments have already been granted . place on record the un ethical behaviour of OP advocate .
Guest
(Querist) 13 September 2012
Thanks experts for the valuable suggestions.
