SHAKUNTALA BAJPAI Vs. R K SAINI

JUDGEMENT

(1.) This revision is directed against the order dated 24.1.2005 of State Commission, Delhi partly allowing appeal against the order dated 23.8.2001 of a District Forum and setting aside the award of compensation and cost of Rs. 2,000 in favour of the petitioner.

(2.) Facts giving rise to this revision lie in narrow compass. Petitioner/complainant through a property broker engaged the respondent/opposite party, an advocate for filing a case against the D.D.A. Respondent is alleged to have assured the petitioner that he would obtain stay as he has done for others. Amount of Rs. 5,000 was agreed to be paid towards professional charges and Rs. 1,000 towards expenses and out of this amount a sum of Rs. 1,000 was paid in cash and Rs. 2,500 through a cheque. Petitioner alleged that she apprehended that case was not filed by the respondent as no copy of the order was given to her by him. On failure to return the original documents by the respondent, the petitioner alleging deficiency in service filed complaint which was contested by filing written version by the respondent. Respondent did not dispute of his having been engaged as Counsel and being paid Rs. 2,500 by a cheque by the petitioner, It was, however, alleged that writ petition was filed within three days of the receipt of the amount and petitioner had sworn affidavit and signed Vakalatnama. Petition was rejected by the Single Judge on 25.3.1996. On instructions, LPA was filed which was withdrawn as the Bench was not inclined to issue notice. It was stated that respondent is willing to return the original documents to the petitioner provided she withdraws the complaints made to various authorities against him and tenders apology.

(3.) We heard Mr. O.P. Bajpai, husband of the petitioner and Ms. Nawerta for the respondent.