File complaint against your lawyer with bar council of your state
2) if he has collected funds he has to appear on each date of hearing
3) further he did not file written arguments
4) you can engage another lawyer for filing appeal
My advocate cheated me
I had Cash/Credit loan of 12L which i payed for 3 years regularly and could not pay ahead due to corona where my business faced losses and i did not received my remaining payments from ahead.. due to this i got in debt..so bank filed a suit on me of recovery of 12L with interest..so i hired a advocate. I had hired a advocate few months ago and payed him for case... He told me he will file written argument and will appear in court...and all other things. On this friday court has passed decree against me in just few months.. When i read the judgement i found out that he did not appear on any hearings. ( i had payed him multiple times everytime he calls me and took money saying something law related so i payed him everytime) He did not filed any written arguments also.. He lied to me everytime that he appeared. And he constantly calls me and tells me to pay to the bank...he behaves like he is the agent of the bank...always force me to pay to the bank. He cheated me he partnered with bank on comission and framed me in my case and did nothing and took money also from me. When i told him i want to file appeal he told me that to file appeal you have to deposit 12Lacs in court then they will start case..(you have to deposit complete Principal amount..12L...then only court will take case) Also my loan was unsecure no mortgage..then also he tells me that bank will come at my home and will take my all assets including tv..fridge also.. He is very shady he robbed me in money also. He has parterened with bank and forcing me to pay them full money with interest.. He always tells me talk to the bank advocate and decide terms for payment...how can my advocate tells this. I am very dissappointed and scared at the same time what should i do please help. I want to go for appeal i want to show judge that i payed for all things but he didnt file anything and nor did he appear..he parterened with bank on comission..how can i tell judge this things. I want to go for appeal...please help and guide how should i retsart this case.
Asked 1 year ago in Civil Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
6 Answers
You can take action agaisnt the lawyer who appears to have cheated you by not appearing in the case even after taking full fees from you.
A complaint with the local bar association where the advocate belongs and a complaint with the bar council with all supporting documents may be submitted against the advocate so that he does not repeat this episode with other clients.
However please remember that you have defaulted in the loan repayment which is evident from the documents, therefore any appeal before appellate court may not fetch you any fruitful results in your favor.
If this decree was passed on exparte basis, then you can file a petition to set exparte through another lawyer before the same court and then challenge the case on merits.
if you indeed had a defense to the bank's suit and had instructed your advocate to file your written statement, which he did not do, despite taking fees from you, then such a conduct amounts to professional misconduct
you will have to file a disciplinary complaint with the Bar Council
also file a police complaint against the advocate for cheating and conspiring with your opponent
you will have to engage another advocate and apply for setting aside of the ex-parte decree and to allow you to put in your written defense to contest the bank's claim
no point engaging the same advocate who cheated on you
Dear client
It's essential to consult with a legal professional in your jurisdiction for specific advice tailored to your situation. Here are some steps you may consider:
-
Consult a New Attorney: Seek a new attorney who specializes in litigation or disputes, preferably one with a good reputation. Share your concerns and provide all relevant documents, including your communication with the previous attorney.
-
Document Everything: Collect all evidence related to your case, including payment receipts, correspondence with your previous attorney, and any communication that indicates unethical behavior. This documentation will be crucial in any potential proceedings.
-
File a Complaint: Depending on your jurisdiction, you may have the option to file a complaint against your previous attorney with the local bar association or legal authority. They can investigate allegations of professional misconduct.
-
Appeal the Judgment: If you believe you have a valid case and that your previous attorney's actions harmed your case, your new attorney can guide you through the process of filing an appeal. The appeal process varies by jurisdiction, so consult with your new attorney on the specifics.
-
Seek Legal Remedies: Your new attorney can explore potential legal remedies against your previous attorney, such as a malpractice lawsuit if their actions resulted in significant harm to your case.
SARFAESI and RDDB Act are for facilitating recoveries due to the bank or financial institution. The scope under these acts is very very limited and technical in nature. Usually one who fails to pay the debt due to bank can file an application u/s. 17 of SARFAESI Act and buy time and argue upon the irregularity adhered by the Bank/Financial institution in levying charges on interest and compounding interest apart from that to show the bonafide the defaulter is required to pay the principal amount and the only endeavor required to be made is to ensure that there is some settlement between bank and the defaulter at a negotiable price to settle the dues of bank.
Since scope is quite limited, only technical grounds can be canvassed.
If your securitisation application is disposed off directing you to pay the sum due to the bank along with charges and interest then as per sec. 18 you can challenge the same before Debt Recovery Appellate Tribunal however as per the recent judgment of Hon'ble Supreme Court of India in case of m/s. Sidha Neelkanth Paper Industries Private Limited Vs. Prudent ARC limited & Ors. reported in 2023 LiveLaw (SC)11 {Civil Appeal No. 8969/2022 decided on 05.01.2023} Hon'ble apex Court has held that the borrower can challenge steps taken u/s 13(2) and 13(4) and also the auction sale only by paying 50% pre-deposit of dues along with interest as alleged by the bank.
In light of the available provisions of law, remedy available to you and the precedent set by Hon'ble Apex Court, it is advisable to file an appeal before DRAT, Mumbai in given set of facts
- If the said decree is passed after completing the trial of the case and you have already given your statement before the court , and the final argument was heard physically by the court , then the written argument is not mandatory .
- However, you given facts are showing that the said lawyer has not given much attention towards your case and is also not having much knowledge, then you can change him for filing the appeal in the case, and it is not mandatory to deposit the said full amount for filing the Appeal.
- If you are thing you have been cheated by him , and the said lawyer has not done his duty , then you can file a complaint before the Bar Council of Gujrat .
- You can contact any lawyer of this website for knowing the details
