• Cost paid by defendants

Hi,

At Bombay City Civil court, we won the case against the defendant. The final order said that the defendant will have to bare the cost. Subsequently, the judgement was issued in proper paper detailing what the cost would be. It included a section on lawyer's fee. However the amount mentioned in there was nearly 50times less than what I had paid the lawyer. I have all the invoices and bank transfer details to prove the actual amount paid is significantly more than what is quoted. Can someone tell me how the court comes to this conclusion and if there is a way to change the amount to the actual amount.
Asked 7 years ago in Property Law
Religion: Other

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11 Answers

See the court as per it's decided norms award the cost of legal expenses in the decree the amount mentioned is as per court rules and same has to be accepted as legal fee cost yes I am aware of the fact it is less then what you paid but court granted amount is a per rules and there is no point in contesting on same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

how would the court know what fees you paid to your lawyer?

the costs towards legal charges of lawyer is awarded only as a discretion 

the party cannot demand as of right that whatever fees he paid to the lawyer, should be refunded to him

i dont think even if you apply to the court for any clarification, the court will even entertain such an application

on the flipside the court may even dismiss your application with costs and also take back the cost awarded to you 

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

You do not get actual costs incurred by you of legal expenses incurred by you 

 

2) it is determined by taxing officer of court 

 

3) amount would not be changed to actual expenses incurred by you 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

Dear Client,

Courts orders reasonable cost and litigation fees, Higher you have paid to a your of your choice. Court will not look into, how much you have paid.

Lawyers acc. to their reputation charges, lacs of rupees for single hearing, dose not mean court will order same cost.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. You should feel lucky that you have won the case.

2 The court is not here to take care of your legal expenses. The cost to be paid whenever directed by court is a token amount and not the money which may have paid to your advocate.

3. SO forget the expenses incurred for your advocate and enjoy the decree passed in your favour.

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

Court always less costs compared to market rates. You need to appeal to HC.

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

Court would not award you the actual cost spent by you for litigation expense.

It's a discretionary power of the court, therefore there is no point in filing appeal in the present facts and circumstances of the case.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

 the legal charges allowed by the court is not that the charges actually paid by the client to his advocate coat provides minimum legal charges to be recovered from the other party as legal charges and any amount of compensation to be paid to the decree holder you need not to consider your invoices and all and claim the amount to be considered by the court as legal charges and in case you consider the judgement not in your favour then you can go to the next court and appeal against the order

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have won the case, but not apprised with happiness when the order actually come.
  2. Let me tell you that for fixing the cost and litigation expenses are purely the discretion of the court to impose.
  3. But, still you can convince the judge for giving more, and there are chances also that judge may increase it, and sometimes to the exact litigation expenses (if you have all records as you have mentioned in your query above).
  4. You will have to file an application for the recalling of the order under section 151 of CPC, and advocate your arguments accordingly.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. In  India the courts award minimal cost, not actual cost. At times the actual fee paid to the lawyer by the plaintiff is in crores but the courts award less than a lakh in costs.

2. There is no written formula for the courts to decide the cost. They just award it on the basis of long established practice.

3. If you want to assail the order in the higher court then you are free to do it but it will be an exercise in futility.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Courts have standard rates about advocate fee and all other expenses paid to the court, hence there is nothing strange or surprise that the court has allotted a paltry amount towards advocate fee.

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

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