Formal Complaint to The Bar Council of India and The Bar Council of Punjab and Haryana against Advocate Arvind Moudgil Membership Number P/1183/1993 for misguiding, fleecing, cheating, and Blackmailing to obtained undue financial gain of Rupees one Lac and for not appearing/defending client in the honorable Delhi High Court
Sirs,
I am Arvind Kumar aged 63 . I am pained to bring the shameful conduct of Advocate Arvind Moudgil said to have membership number P/1183/1993 of the Punjab and Haryana Bar Council to your kind attention and necessary action.
2. I humbly submit formally a complaint against one Advocate Arvind Moudgil said to have membership number P/1183/1993 of the Punjab and Haryana Bar Council.
3. The circumstances of the complaint are as follows:-
(i) I approached the said advocate sometime in the month of Oct 2012 and retained him by paying Rupees one Lac to defend/ file a petition in regards to a case filed in the Tees Harare Court Delhi against Mr. Kuldeep Kumar Verma by the CBI for allegedly bribing a CBI official.
(ii) It was settled between Advocate Arvind Moudgil and me in the presence of Major Arjun Singh who was present all along the negotiation that Advocate Arvind Moudgil will defend/file and appears in the cases pertaining to Mr. Kuldeep Kumar Verma for a consideration of Rupees two lacs.
(iii) That Rupees one lac be paid by me in advance and that another Rupees one lac is to be paid by me (Arvind Kumar) after final hearing of the cases to be defended/petitions filed in respect of Mr. Kudeep Kumar Verma.
Mr. Kuldeep Kumar Verma is the husband of my (Arvind Kumar) sister.
(iv) Advocate Arvind Moudgil appeared only on 16 Oct 2012 after filing of a petition in the High Court of Delhi on 12 Oct 2012 (Copy attached). I am also attaching all the email correspondence I have had with Advocate Arvind Moudgil in order to persuade him to return a better part of the Rupees one lac taken by him from me. I having requested him personally and on mobile as well as by email to return the better part of this amount taken by him but to no avail. Hence this complaint.
(v) I paid Rupees one Lac to Advocate Arvind Moudgil through and by the hand of Major Arjun Singh who personally paid this amount to him at his residence in Sector 36 Chandigarh. I would like to submit that I had told Advocate Arvind Moudgil that I would like to pay him by a cheque for the like amount but for reasons best known to him he insisted to be paid in cash. Hence I withdrew Rupees One Lac from my saving accounts and handed it over to Major Arjun Singh to be paid to Advocate Arvind Moudgil since Major Arjun Singh was visiting him regard his own affairs at Advocate Arvind Moudgil’s residence at Sector 36 Chandigarh. Advocate Arvind Moudgil confirmed receipt of Rupees one lac to me on mobile phone and assured me that since he had received the said amount he would do the needful as promised to me .
(vi) He also assured me that he would do his level best to defend Mr. Kudeep Kumar Verma in the Law courts pertaining to his cases and also try to influence the judge/s handling the case/s through his numerous contacts. He also told me that he had good connection in the courts and various judicial authorities and could influence the out come of the cases as he had done in some past. Although I was very apprehensive and took these boosts with a pitch of salt but offered no comments. He repeatedly continued to assure of his wide contact in the judiciary and its officials in the courts of Punjab,Haryana and Delhi.
(vii) Soon thereafter on receiving this amount he started first to pestered me and my brother in Law Mr. Kuldeep Kumar Verma to make hotel, food and transport arrangements for him and his alleged teammates since they were residents of Chandigarh so as to enable him and his teammates to appear in the court at Delhi on the given dates of hearing.
Failing to get a positive response on this count from me and Mr. Kuldeep Kumar Verma he then approached me with a request to pay him some money so as to make the above arrangements to facilitate him and his alleged teammates to appear in court. I explained to him that it had been agreed between him and me and that the agreement included all such expenses and he should bear the same out of the Rupees one Lac already paid by me to him (Advocate Arvind Moudgil) through and by the hand of Major Arjun Singh at his residence after Major Arjun Sigh had collected the same from me as was desired by Advocate Arvind Moudgil.
(viii) He thereafter started blackmailing me by stating that it would be in order that I pay him the balance Rupees one lac as he had to pay various authorities and meet expenses at first by talking to me on mobile and when he failed to get a positive response from me he started sending me SMSs at frequent intervals that if I did not pay him the balance Rupees One Lac he would neither appear in any court nor would he file any reply/petition. I reminded him that it was agreed to that the balance of the Rupees one lac would be paid to him on final hearing of the cases to be defended in respect of Kudeep Kumar Verma. But to no avail and Advocate Arvind Moudgil would insist that I pay him the balance Rupees one Lac and threatened me that he would see to it that I paid .
(ix) Finally when he realized he could not black mail me into paying him the balance Rupees one lac at this stage of the cases. He threatened that he would neither defend nor file any reply/petition. Hence when the case came for hearings Mr. Kuldeep Kumar Verma was neither adequately represented nor were his cases adequately presented by Advocate Arvind Moudgil as he failed to appear in court at crucial stages of the hearings and not filing repies/petitions in the court.
(x) Sir, Hence I petition that Advocate Arvind Moudgil Membership Number P/1183/1993 be directed to return a better part of the Rupees one lac already paid by me to retain and obtain the services of Advocate Arvind Moudgil for appearing in the cases pertaining to and concerning Mr. Kuldeep Kumar Verma.
(xi) Therefore since he has not represented nor presented the cases as promised he should return the better part of Rupees one lac taken from me for rendering the said services as promised but not having rendered them.
(xii) In addition action as deemed suitable may please be taken against him as per law so that he refrains himself from such ungentlemanly conduct which bring a bad name to the legal fraternity.
Thank you
With Best Wishes and Warm Regards
I am Sir,
Yours Faithfully
Arvind Kumar
Mobile- 8054091100
