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Sridhar V Sridhar (Employee)     31 October 2022

Amount paid to advocate, but he is not even filing suit?

I have given loan of Rs.1L to a person by bank transfer, on a promisorry note, for simple rate of interest.  The borrower not paid both interest and principle amount. So decided to file a suit. 

My advocate taken Rs. 18K by bank transfer, to be payable as court fee, in this suit going to be filed. 

Also agreed to pay Rs. 10K, as advocate fee at the end of suit judgement day. 

He filed suit, but the court rejected the suit, as it has no jurisdiction to take up the suit. 

Then he filed suit in a Revenue Court at District Collectorate and send me a filing proof. 

All this happen 5 years back. Whenever I ask about status of the siut, he just simply saying that revenue officials are responding, we can't do anything. 

As we agreed in the beginning, I just paid 18K for court fee, but he is not utilised such amount for that particular purpose, as the court rejected the application as said above reason and he is not giving back such money or taking forward the suit and not responding now properly.  

1. What should I do now to recover my amount paid for court fee, which is not utilised as such. 

And 

2. How can I take forward my suit? 

 



Learning

 3 Replies

Dr J C Vashista (Advocate)     31 October 2022

Recovery of amount is to be filed in jurisdictional civil court and not Revenue Court.

Change your lawyer immediately and lodge complaint against your lawyer before State Bar Council for his/ her (lawyer's) professional misconduct as well as Consumer Disputes Redressal Commission for deficiency of service of the lawyer.  

1 Like

N.K.Assumi (Advocate)     31 October 2022

Expert opinion is absolutely correct and I endorse his views. Apart from Civil Suit, State Bar Council will certainly take action for his professional misconduct.

1 Like

Advocate Bhartesh goyal (advocate)     31 October 2022

Yes ,knock the door of Consumer Commission for deficiency of services of your lawyer and claim not only compensation but also pray to pass order for refund of paid court fees amount and also make complaint to State Bar Council to take appropriate action against lawyer for his professional misconduct.

 

2 Like

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