20/04/2023
Mumbai Consumer Forum dismisses complaint flied by Client against Lawyer for Refund of Fees.
A district consumer forum at Bandra, Mumbai recently dismissed the complaint filed against an advocate namely Taubon Irani (Opponent) by one Kesari Divehca (complainant). The complainant was seeking a refund of the legal fees of the case that was filed before the Bombay High Court.
A bench of members of Shraddha M. Jalanapurkar and Preethi Chamikutty while dealing with the complaint observed that the complaint alleging unfair trade practice seemed to have been filed due to a lack of understanding of legal procedures.
โIt appears the Complainant was under the impression that he has hired O.P. for life by paying the said fees, and she would continue handling his Appeal until he gets a favourable outcome/order in his favour. In our opinion this complaint is before us due to the Complainantโs non-understanding of legal procedures, more so the rigmarole of BHC, and he has a certain sense of entitlement for the money paid by him despite the efforts taken by O.P., which in our opinion does not constitute deficiency of service or unfair trade practice,โ the members observed.
Observations:
The bench stated that there had been some bad blood between Complainant and the Opposite party due to the matter before the High Court, which resulted in Irani feeling insulted and she made the decision to not continue as Advocate for Complainant in BHC.
Accordingly, the Consumer forum observed that the conduct of the advocate was not unfair.
The bench dismissed the complaint.
Case Title - Case Title: Kersi Divecha vs. Taubon Irani.
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