SHAMBU PRASAD Vs. NIRANJAN PRASAD

JUDGEMENT

(1.) -Petitioner was the complainant before the District Forum, where the complainant has filed a case of professional negligence on the part of the respondent, Mr. Niranjan Prasad who is an Advocate by profession.

(2.) Undisputed facts of the case are that the complainant who was in jail custody, had hired the services of the respondent Advocate in a 'bail' matter in the Court of C.J.M. which was fixed for 24.7.2004. It is admitted position that the Counsel could not appear on that date as according to the respondent/opposite party, he suddenly developed chest pain on that date and had to consult a doctor. On 25.7.2004 being Sunday, he moved an application for bail with regard to the petitioner before the CJM on 26.7.2004 which was taken up only on 29.7.2004 and the petitioner/complainant was granted bail.

(3.) The professional deficiency on the part of the respondent, as alleged by the complainant, is that since the respondent did not appear before the CJM on 24.7.2004, he had to spend longer time in custody as he was granted the bail only on 29.7.2004 and this happened on account of professional deficiency on the part of the respondent. It is in these circumstances, a complaint was filed before the District Forum, who allowed the complaint and directed the respondent to pay a compensation of Rs. 4,000. Aggrieved by this order, the respondent filed an appeal before the State Commission, who allowed the appeal and dismissed the complaint. Aggrieved by this order, the petitioner/complainant has filed this revision petition before us.