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The Only One (Expert)     05 February 2011

cheating and corrupt lawyer not refunding large amount

My lawyer has cheated me, misled me & taken advantage of my faith & trust in him. He first charged Rs. 55,000 for me for a criminal cum civil case against 2 fellow professionals (including a senior) continuously harassing me in my company for 2 years leading to a lengthy health breakdown for me from stress at work. My lawyer also asked for 20% of final award received by me as part of the fees. He was referred by a friend & being my first time with legal system I had no knowledge of prevalent fee structures & trusted him to be a good man & never questioned his intentions accepting his fees without any negotiation or even a single question. Till now, he has only filed the complaint in court with most non-technical knowledge (100% cut-copy-paste of my own words). Later on I realised going rate for such a small case for such a lawyer is only Rs. 5,000 - 10,000 in the District court and that as per bar council rules lawyer can only charge equivalent amount to other lawyers of his standing, not more. Also, that asking percentage cut on reward as fees is not allowed for lawyers per bar council rules.I was shocked and hurt to know that but kept quiet waiting for the right time. After sometime I decided to withdraw the case as I did not want to upset things at my work-place & asked him to refund the Rs. 55,000 minus the case filing charge which should be very small, as per bar council rules. He pointed out that in the receipt he had sent me via email he had mentioned this amount is only for initial filing & consultation and hence since filing is over the money is exhausted and there is no refund since he is also losing out on the percentage part of the deal. I never expected this trick from him - consultation charges according to me meant his services for the whole case because I did not expect him to be so sly when he had issued me the receipt and no one can believe a simple filing of case could be worth a huge amount of Rs. 55,000. Pl suggest - how is it justified for him to charge such a huge amount only for a silly filing which hardly required any efforts from him (99 percent document drafted by me), the case has not even started and the offending parties not even notified. Complete cases are done by similar lawyers for less than Rs. 10,000, this is only very initial filing. Also, fees as percentage of reward is not allowed and I have proof that he asked for it on email. He also asked me on 2 different occasions for bribes for police and reader for my case which I refused or ignored. He also did not get a power of attorney signed with me before the case and has taken action in the case unilaterally without my consent in court like asking judge to go ahead with police investigation (which is now underway) when I was actually planning to take back the case & had asked him to wait in court for me to accompany him to the court which he didn't & gave wrong instructions to the judge when he should have waited for me to listen to my decision. Now he is asking for huge money of Rs. 12,000 as bribe for the reader if I want to take case back and reverse the investigation. How can I press charges against the lawyer for cheating me, taking advantage of my trust and gullibility, for breaking bar council rules of conduct for lawyers and corruption charges. Any one would agree that Rs. 55,000 for a small thing like filing a case (where 99% wordings in the 10 page doc are mine) is a total rip-off and farce/big joke!!! Hope to know from you how to get back my money and get serious action done against the cheating and corrupt lawyer. What could be the options - complaint against him to bar council (but would that recover my money?), FIR or case for cheating against him in court, etc.? Pl advise. Thanks a lot. I am more hurt by his taking me on a ride despite the 100% faith I put in him as my own brother than the money, though the money rightfully is mine.



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 14 Replies

The Only One (Expert)     05 February 2011

This wrong act by one bad lawyer throws a bad light on the moral ethics and standing of the whole community. I hope u will condemn wrong actions of few bad lawyers and be in the favour of getting them punished so the innocent public can actually put full faith in the lawyer establishment.
Money earned thru fair means is sweet n leads to prosperity. Undeserved money (esp. by backstabbing a trusting person) leads to ruin. 
Hope to hear from upright lawyers on this & hope to get fair & objective advice from u. Thanks a lot. God bless.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 February 2011

You have posted this message again and again.

The Only One (Expert)     05 February 2011

and u hv replied again and again but not to the question at hand... :P ha ha... grandpa, pl reply n condemn wrong acts... no use protecting bad ppl if they belong to ur profession, they r bringing down the name of ur profession... again n again... n its hurting u first and the society later... i posted it here coz last time i posted it by mistake under "expert" heading... not under "forum" heading. hoping more ppl to see it here n reply. thanks a lot for ur time, appreciate it dear.

Om Prakash Dhusia (HR assistant)     05 February 2011

Hello dear Only One:I have full sympathy with you but please dont beg in this column and kindly realise this is a very harsh world where no one has any compassion towards human beings.People talk many great things but practicaly do nothing.If there are good people the there are bad people too but dont lose hope, simply because a person did wrong to you.If you have genuine concern against an lawyer, please go to Bar Council and ask for their help and I am sure these great peolpe will resolve the issue amicably but simply do not declare somebody as corrupt or cheater,because whatever you are submitting in this column is one side of the coin.I am not an lawyer but still I say that very few are like black sheep in this noble profession, tarnishing the image of these nobles.Every lawyer donning black robe is neither corrupt nor cheat and has chosen this profession not out of any compulsion but to earn their livelihood and it is their right too but for any action they stand irresponsible.Remember this is India and we have to live with that.

1 Like

The Only One (Expert)     05 February 2011

Dear Mr. Dhusia, u r a very genuine person n ur heart goes out to those who need help. I appreciate ur milk of human kindness and today u r a man close to God... closer than u can imagine.. only wid time u will know who i m n how close u got. my name says a lot. i m not declaring nething, i m speaking da truth by calling him a cheat n corrupt as the facts of the case say it, i dont. 55k for just filing a silly petition in court (and 100% draft was written by me!) is not something only a cheat of the highest order wd do??? can neone justify dis cost? its like washing a bathroom n charging money for building the house. and wat wd u call a lawyer who further wants to fleece his client for asking thousands of rupees more (his hunger is inatiable after already hving taken 55k for cleaning the bathroom) for bribe for police when my case is a genuine one and 12k for bribing reader to take my case back.  if he is not corrupt dan wat name wd u give him for dese corrupt acts?

all his offences r listed above. i can go to bar council but wd dat help me recover my money? can i press criminal (fraud) and civil case (damages for return of money n negligence leading to screwing up my case) against him? pl suggest counts on which criminal n counts on which civil case can be filed against him?

i want ppl to understand that no one is above da law n lawyers deserve more strict punishment dan the general public if they break da law coz they r supposed to be upholding it. i m 100% trusting with a person i deem fit but merciless when i know my trust has been breached despite all da respect n love i gave to the person who probably never got it at dis level from neone in his life before. if after that this happens, i will see the person in hell - the hell that comes thru proper procedures n legal mechanisms meant for the innocent public to take refuge in.

luk fwd to ur help - all good lawyers out dere - condemn a shameful act n a blot on ur community - advise me how to take "strictest" action against him so he never fools another person's trust in his life again - good for him, good for others too. justice shd be met.

 

 

 

 

The Only One (Expert)     05 February 2011

another question... which legal provision covers corruption/bribery.. or lawyer asking for bribes for govt officials from his client (of course having a big cut in the process)? Does it fall under Criminal Law? Which IPC would deal with it? Wd appreciate ur help.

Can I also make a complaint in Consumer Court against him? Any website for consumer court dat tells the procedure? Can I do it myself or will I need a lawyer in consumer court as well? Wd appreciate an answer and any good resources to know more about conumer court option/procedures etc. Thanks.

 


(Guest)

I was also cheated by my lawyer, he even gave me a false case No and kept on demanding more and more money. My father got suspicious of him and asked me to stop giving him money. we checked in court register and found that no case was filed. I went to his office - only evidence I had was photocopy of a handwritten paper (not the original paper) which he had given me with my case number and some other case details. I went and fought with him, said I will not leave till he refunds me. He said he would shut me in office all night. I said fine go ahead (I knew it was too risky for him to shut me in his office overnight - his computer and all documents were there) A huge shouting match ensued and I feared he would physically attack me. His mother came, and I told her everything, showed her the photocopy. She slapped him, went inside the house (which was next door to the lawyer's office) and refunded most of my payment in cash.

Please complain to bar council and post this cheat lawyer's details on Internet. Stop him from cheating others.

1 Like

Arup (UNEMPLOYED)     01 June 2011

I CHEATED BY MY LAWYERS SEVERAL TIMES.

BUT FOUND NO REMEDY.

Arup (UNEMPLOYED)     01 June 2011

THE ONLY ONE,MR,

WHAT YOU HAVE TOLD MIGHT BE TRUE.

REMEDY SHOULD BE THERE.

vijendra singh (officer)     07 August 2011

  Only one  Remedy  is there; but only on papers.   Cheated Litigant   can complain to  bar council. But  bar councils always  favors the  brethern  lawyer; & therefore  the tortured litigants  can hardly get   due justice there  even after spending lot of  their  money  as well as  long  time.

So in reality  there  is  no  real  remedy   for   litigants  who are  often    and  shrewdly   cheated by the  lawyers.   Lawyers  have  a  big  union. Even the  court  administration,  court  judges,  civil administration etc    avoid  knowingly   to take  due  actions  against  erring  lawyers.

Only God  may  help  the  poor  litigant.


(Guest)

 

Dear Brothers and Sisters of my beloved Country,

 

I herby express my sincere thanks and appreciation to you for having faith in the INDIAN JUDICIARY. However, I request you to go through my bitter experience narrated in https://www.jeevaganadvocate.com/injustice.php#mygri and make comments thereon

.

The cost of justice in the Indian Justice Delivery system is so high that a victim cannot easily afford to pay . Sometimes, it may cost one's OWN LIFE OR THAT OF HIS DEPENDENTS. Ordinarily, a  victim canot secure justice through legal means, unless he is more influential than the offenders or wrong-doers. Even an advocate cannot easily approach the Supreme Court for getting his grievance redressed thanks to the practical difficulties, leave aside the fate of the common man.

 

PUBLIC REFERENDUM:

 

If a Public Referendum is conducted on the issue of working of Indian Justice Delivery System, I am sure, the majority of our Citizens will express their dissatisfaction by voting  against the present Justice System of India. Moreover, but for the fear of contempt proceedings instilled in the minds of the law-abiding citizens, many wrong-doings of  indifferent and irresponsible Judicial  Officers of India will come to light.

 

 

KINDLY MAKE YOUR COMMENTS FOR BRINGING ABOUT JUDICIAL REFORMS TO HAVE  A TRUELY INDEPENDENT JUDICIARY WORKING UNDER A FOOLPROOF JUSTICE DELIVERY SYSTEM.


DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 August 2011

Unless you have hard evidence no use ha ha .

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     30 September 2011

Evidence is already there. Money has been taken for a task and work not done. Now, illegal demands have been advanced.

 

------xxxxxxx---------

All said and done, evidence is not possible in all cases. Bar Council is expected to do reign in crime, criminals impartially, unbiasedly for sake of society, God, their own sake.

srikanth (Scientist)     03 May 2012

We have been cheated by half dozen lawyer.I have never seen such unethical profession. majority of them arrogent, some resort to extorsion. One lawyer took 6 lacs and never attended hearing and set for compramise with opponent. When asked to return money he threatens with' goondas'' . There are more criminals in legal community.

No ethics, remarakable arrogance, no courtesy to pick up client phone after getting fees. This is worst profession i have encountered. majority of lawyers don't read . majority of them pretend to be busy.Even if anybody makes very honest search i wonder if they could get atleast dozen sincer lawyer in chennai.

Civil lawyers have no ethics and aid in land grabbing with real estate agents and goondas. There is no moral fabric left in this profession. Innocent clients get cheated by these crooks. There is no consumer foru to sue them . They take money without giving recept. Thjey survive by fleecing innocent clients, many of them are good at blackmailing.

Even god cannot rectify this profession. Our legal system and judiciary  which thieves in postponement of cases  helps lawyer in dragging the issue extracting pond of flesh from client. This is a profession that thieves on somebody's misery. We know the old fable that When two cat fight the monkey takes the advantage. Same is the case with this profession.law forum has is only outlet to voice our frustration.

When more than 90% of lawyer are bad it is difficult to fish out few genuine one's .Pl challenge me i will list out all the unscruplous one's in chennai alone on civil side who are with goondas and mafia  


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