• Owner-tenant dispute and lawyer's fees

Hi Friends,
I stayed in a rent house in Bangalore for last two years paying Rs. 19,000 for first year and second year Rs. 21,000. I vacated the flat and the owner did not refund the Security deposit. The security deposit was Rs.1,50,000.
The owner stays in Mumbai.

So, I hired a Lawyer and sent a legal notice. The Legal notice was not received by the owner and was sent back.

So, the lawyer said, we have to go to court to get the security deposit back. First, she told, Lawyer’s fees is Rs. 10,000 and Court expenses is Rs. 4,000. I agreed to this.

After few days, I called the lawyer and she told me that, I should i first deposit Rs. 10,000 (10% of the Rental Agreement Value) and Rs. 10,000 as Lawyer fees, Rs.4000 as court fees.

Is this correct? I feel the Fees is very high. I have not received any amount and still have to pay for all this.

Please suggest on this.

Regards
Sridhar
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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12 Answers

You've to just pay the lawyers fee and court fee, and it's not mandated that you've to deposit 10percent of the rental agreement value. Court fee is the only fee component that you've to pay over and above the lawyer's fee.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Legal fees vary depending upon lawyer engaged by you

2) legal fees appear to be reasonable

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir the court fee has to be paid before filing the suit, the suit is valued and accordingly the court fee is deposited once you succeed in the suit the court fee is refunded back to you along with the other court expenses. Yes the amount is correct further for the court fee ask your lawyer to get you receipt of the duty paid in the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

1) When you engage a lawyer his/her fee has to be paid as per understanding you arrive at .Some insist the payment to be made in advance, while some take part prepayment at the time of filing the case and some take payment for appearance on each date.

2) One can not make a statement about what is the right fee as there is no prescribed fee and is subjective and differ from lawyer to lawyer.

3) If you are not agreeable with the fee and feel you can engage another with a lesser fee, the choice would be yours.

S J Mathew
Advocate, Mumbai
3386 Answers
175 Consultations

5.0 on 5.0

Dear Sir,

You must have faith on lawyers and doctors. Any all law suits are attached with some prestige issue and social responsibility. The high the profile of the advocate the rate of fee will be high. In Bengaluru office and stationary charges are more than court fee also.

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You may please check the relevant Court fee Schedule I at page 37 of Karnataka Court Fee and Suit Valuation Act by clicking the following link. You can opt for low profile advocate also to reduce advocate fee.

http://dpal.kar.nic.in/pdf_files/16%20of%201958%20(E).pdf

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Number of lawyers on this website from Bangalore

Contact any of them

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. It is the duty of lawyer to inform the client the likely expenses which will be involved in pursuing his matter in court

2. It is not possible for a lawyer to exactly estimate as to what expenses will need to be incurred for the court matter

3. So if a lawyer informs you certain fees, it should not be taken as something which is set in stone. It is always an estimate and it should be accepted by the client that there may be additional expenses that he may have to incur as the case progresses and depending on how his matter will pan out in court

4. Courts proceedings are highly unpredictable. It can swing either in favour or against the client

5. Having said that, the lawyer has to clearly inform the client his fees for filing his vakalatnama in court and the initial plaint proceeding. Also the per appearance charges that the lawyer will charge. In addition to that the lawyer also has to inform the charges for any proceedings which are separately taken out in the client's matter

6. In doing so the lawyer is required to be honest with his client and it is required of the lawyer to make all true and full disclosures to his client regarding his matter and the expenses involved and incurred or likely to be incurred as the case progresses

7. The client cannot then hold the lawyer to ransom that initially he had informed so and so fees, then why is he demanding extra fees now

8. If the lawyer justifies the additional fees to the client then it is fine. If he does not then it amounts to professional misconduct

9. Given the amount of hardwork that goes in and the uncertainties and anxiety which the lawyer has to face in the court, in my opinion, the fees charged by your lawyer are very meagre and reasonable

10. However the lawyer was mandated to inform and tell you why she was demanding the additional 10k. If she has given proper reasons for the said additional expense then your complaint is not warranted

11. If she does not give you a plausible and justifiable reason then you are always at liberty to take the matter back from her and engage another lawyer who suits your pocket and financial status

12. Coming to acceptance of part payment, Sir i would like to ask you, would you ask the same thing to another professional like a doctor? Do you tell the doctor that you will pay part payment now and balance after work is done? Im sure no professional works in such manner

13. If a lawyer thinks that he is unable to continue with the client's matter, he is always at liberty to return the brief to the client or seek discharge from the court. As part of professional ethics, he is also liable to return the fees after deducting his proportionate charges. So I am sorry to say that part payment practice is something which very few lawyers do and only those lawyers would agree to work by accepting a part payment who know the client personally

14. Thus your query as to any lawyer who be ready to work for you by accepting part payment, is a little inappropriate, in my view.

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Yes it is mandatory deposit court fee and it is refunded once the suit is decreed.

you can find a local lawyer but in my view the fee is reasonable further on decree court shall direct the defendant to pay the charges for legal fee also to you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Well your lawyer is absolutely right. If you file a suit for recovery of money in the civil court then you have to pay ad-valorem court fee i.e court fee proportionate to the amount to be recovered. Every state has its own court fee act which prescribes the slab for court fee vis-a-vis in a suit for recovery of money.

2. If the fee of your lawyer is high then opt for another lawyer.

3. Go around the court complex and find out on your own which lawyer charges less.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

There is a court fee as well as a security deposit which is mandatory. Regarding the lawyer fee, it's purely based on usage of intellectual knowledge and time spent by the lawyer in your work.

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

The agreed fee have to be paid.

For deposit made in the court, it shall be paid to the bank and bank will transfer this to the concerned head of account pertaining court.

It is not understood that why she demanded the extra amount.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The additional amount seems to be an extraordinary demand.

There's no necessity for any such deposit before court.

She may be doing it on her own owing to her greed.

You may abruptly change your lawyer and without NOC also

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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