MACT Matters.
Hiralal
(Querist) 26 August 2010
This query is : Resolved
Dear All Ld. Members,
Three years ago my mother(aged about 55 years) met with an accident and application filed in MACT Court, Mumbai under section 166 and 140.
The Court ordered insurance company to pay Rs.25,000/- and the cheque is taken out from the court with help of my mother but it is in the custody of Advocate.
Earlier the fees was fixed as 15% of the cheque amount but now the Adv. is demanding Rs.7500/- as fees and says it also includes Stamp duty and process fee.
could you all please tell me the exact court fees and Stamp duty payable?
Can i appraoch the Court again and ask for a new cheque since the Advocate is looting us and breaching his promise?
Pls Help.
s.subramanian
(Expert) 26 August 2010
You make an application to the concerned court with all the details and the sufferings you have undergone with your advocate and request the court to grant you a fresh cheque canceling the earlier one. From the legal aid cell in the court premises you can know the quantum of court fees payable and the order of the tribunal itself will contain the lawyer fees payable by you. You need not pay in anything in excess. If any excess amount is claimed do not hesitate to approach the concerned Bar council against the advocate. This kind of graduated robbery must be put an end to. Good Luck.
Sameer Sharma
(Expert) 01 September 2010
File Complaint before the Bar Council of Maharashtra against the said lawyer, this is the case of professional misconduct.
Adesh Kumar Sharma
(Expert) 11 September 2010
Well the good option is to file a complaint before the concerned Bar Council.
