refunding from lawyers
Querist :
Anonymous
(Querist) 08 November 2010
This query is : Resolved
Dear Sir,
I suited a case against CBSE regarding recheck of copy .I gave Rs 7000 to a lawyer ,but 4 months have passed and I find her incompetent and hind leg.She hasn't done anything only filed a writ petition.She went court only once and she didn't take me there,even I am not confirm whether she went there or not.Now the notebooks have been destroyed.CBSE destroys notebooks in 3 months.I am a 16 year old boy and my father is no more. I want my money back.Now she is saying that she has given the case and money to somebody else and she is not responsible for the case.My question is that if a lawyer is using his or her education for wrong act,for cheating the poors, Is there no court on the earth to teach them a lesson?Because sir i am also preparing for clat and want to become a lawyer so that justice can reach to the right person.
Please suggest the path which I should follow to get my money back.
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adv. rajeev ( rajoo )
(Expert) 08 November 2010
have you got any receipt for paying the fees to an advocate. If it is with you it is better because you can issue notice to her to claim the refund of the fees.
If you are not satisfied with her work then ask for the no objection from her to hand over the case to another advocate.
You told she is no way concerned to the case then ask to get the no objection from the an advocate to whom she has handed over the case.
Querist :
Anonymous
(Querist) 08 November 2010
sir,
plz make me clear how this no objection will help me in this case
Guest
(Expert) 08 November 2010
1. In our country, we lawyers are not generally issuing any receipts for taking fees, but merely make a note of it in our case bundles, unless the client is a corporate or a person who insists for a receipt. Hence you may better send a letter to her narrating your experience and request for refund of fees failing which you would prefer a complaint before the Bar Council.
2. The No objection obtained from her would help/entitle you to engage a new lawyer for the case or for appearing by yourself in personal capacity and conduct the case.
Querist :
Anonymous
(Querist) 08 November 2010
sir does it means that untill the first lawyer dont give 'no objection' ,we cant engage a new lawyer?
Querist :
Anonymous
(Querist) 08 November 2010
Since CBSE destroys notebooks in three months after declaration of result I cant hire another lawyer that is meaningless but sir I want my money to be refunded.I suited case only to get any scholarship for further study.
Also tell the procedure to complaint in bar council?or if you any effective measure apart from bar council plz mention it.I am in sore need of yours valuable suggestions.
Debasish Hota
(Expert) 09 November 2010
While agreeing with Mr. rajoo I am surprised that how the CBSE is destroying the answer scripts in 3 moths ,whre as on can go for civil suit within 3years and call for records i.e., the answer scripts. Why did you not opt for remady under the RTI Act.
pawan sharma
(Expert) 09 November 2010
in RTI the procedure for veded out is prescribed.
Uma parameswaran
(Expert) 09 November 2010
Which state you belongs to? Definitely you will get protection.You can approach Child welfare committee or any NGO's which is taking care of child.
