CHINNASAMY Vs. K.PRABAKAR

JUDGEMENT

(1.) The unsuccessful complainant is the appellant.

(2.) The complainant filed a complaint against the opposite party who had appeared as a lawyer for his case claiming refund of rs.2,000/- fees paid and for Rs.2,00,000/- as compensation for mental agony and other ordeal and deficiency of service and rs.1,000/- as costs.

(3.) The brief details of the complaint are as follows :- The complainant filed H.M.O.P.No.21/2000 against his wife and got divorce decree on 19.9.2003 against which his wife field an appeal in appeal No.36/2003 before the District Court, Karur and it was allowed by the District Court by setting aside the decree and judgment of the Lower Court and in order to appeal against the same, the complainant approached the opposite party to engage as lawyer and paid Rs.2,000/- on 5.1.2005 as fees for filing appeal before the Honble High Court at Madurai Bench and along with the fees complainant handed over relevant case documents. But as there was no proper response regarding the steps taken by the counsel for filing the appeal the complainant gave a complaint before the Bar council of Tamilnadu which also dismissed the complaint, and thereafter the opposite party sent letter to receive back the case bundle and he is not appearing for the case before the Honble High Court. The complainant came to know that the opposite party without filing the appeal in time before the Honble High Court and after keeping the case records with him for more than 420 days with delay filed and when enquired he gave the SR No.3843/2006 to cheat him and thereafter after sending the complaint to the Bar Council the opposite party sent the letter for sending back the records and thereby he caused lot of trouble to the complainant as his wife had taken steps for forfeiting half of his property due to the deficiency of service by the opposite party and thereby there was mental agony and the complainant has come forward with this complaint.