SUNDARAMURTHY Vs. I SAGAR ALIAS MARY

JUDGEMENT

(1.) The opposite party, an Advocate, against whom the District Forum, Madras (North), has passed an award is the appellant. The case of the complainant S. J. Sagar @ Mary is that she engaged the opposite party Advocate for filing a suit for specific performance of an agreement of sale and permanent injunction and also to get an interim injunction. The opposite party representing that a sale deed has to be prepared in the necessary stamp papers and produced in the Court, received Rs.40,000/- to purchase non-judicial stamp papers. He also received Rs.8,000/- to purchase Court fee stamps to file the suit and Rs.5,000/- towards fees and other Court expenses. Altogether, he received Rs.53,000/- during the 1st week of January, 1992. The opposite party did not file the suit as promised. But under pressure from her, the opposite party has finally filed a suit in O. S. No.1878/92 on the file of the City Civil Court just praying for a bare injunction paying a Court fee of Rs.30.50 only. While so, the vendor in the agreement had sold the flat to another person. Thus the opposite party committed professional mis-conduct and deficiency in service to the complainant and on account of that she has lost possession of the house property. On these grounds the complaint has been filed.

(2.) The opposite party in his written version contended that he has not committed any professional mis-conduct or any deficiency in service. The complaint is barred by limitation. The opposite party has denied that he has received any money from the complainant for stamp papers or Court fee stamps. In fact in 1992, the complainant was due and owing to this opposite party a sum of Rs.5,250/- for which the complainant gave a cheque which when presented was not honoured due to insufficient funds. The complainant has taken back the papers relating to 3 cases given to the opposite party. The complaint is false one and aimed at unjust gain.

(3.) The District Forum on consideration of the evidence believed the case of the complainant. It passed an order directing the opposite party to pay to the complainant Rs.53,000/- as amount received by the opposite party and also a compensation of Rs.15,000/- with a cost of Rs.350/-.