I purchased a flat in Princess Park Housing project, Sector-86,Faridabad,Haryana from the builder ‘BPTP Limited’ under builder buyer agreement dated….. Though I did not get the possession letter from builder but as per BPTP it was offered on [deleted] though actually it was offered many months later than this when I enquired from many other purchasers. The builder ‘BPTP’ delayed the project beyond the maximum given time of 3.5 years for possession which included additional 6 months grace period though actual time given was only 3 years. The builder ‘BPTP Limited’ delayed the project 2.75 years as per its own data while actually this project was delayed by more than 3 years excluding the grace period. Even when the possession was offered , the builder increased the price in a big way from Rs. 2567655 to Rs. 3030741 while I had already paid more than 97 % amount. The Builder even did not offer the compensation as per the Tripartite agreement though it was very less compared to what it was charging for its own payment delay. In this situation I did not find any point in taking the possession of the flat. So, I did not take the possession. The Builder is charging 15% compound interest rate per annum for delayed payment as can be seen in the documents sent by it. This condition is mentioned in the Tripartite agreement document too. So, as now I don`t want to take possession so, I want to claim from the Builder that as per natural justice/Earlier court judgments in such matters I should also be given 15% compound interest rate along with the principal amount plus some additional compensation for causing mental agony, harassment and useless efforts. So, I want to know: Can I make 3 or 4 types of requests simultaneously under prayer clause in the court in such a way that if one is not acceptable, then second should be accepted and if second is also not acceptable then third should be accepted and so on in a following manner: 1.Return of my principal amount with 15% compound annual interest rate from beginning (As and when the payment was asked for and was made) Plus compensation for harassment, mental agony and legal expenses till the payment is made to me 2.Return of my principal amount with 15% interest rate from beginning Plus compensation for harassment, mental agony and legal expenses till the possession was offered 3. If any of the above requests is not accepted then I can take the possession of the flat provided, the builder BPTP is ready to remove increased price and compensate for delay possession offer @ 15 % for the delay period plus other compensations as described above. In this case BPTP can also claim delay payment charge on its remaining payment after removing all the payments entries (which it has made illegally) which it is making other than the payment being mentioned in the builder buyer agreement 4.Can it be requested to the court to decide the best possible remedies itself ? -M.Kumar
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How to file a complaint against an unprofessional,highly dishonest and cheater lawyer in the bar council
You can file complaint against builder before consumer forum and seek orders to direct builder to refund your money with interest
2) also seek litigation costs and compensation for mental torture undergone by you
3) you can seek alternative reliefs that possession be offered and compound interest waived
It is well settled than more than ine alternative relief can be prayed for in the pleading of the case.
Even in proper cases inconsistent relief is also allowed.
So the prayers you are contemplating is permissible under law.
However you should add prayer of execution and registration of a proper deed of conveyance as well.
Against Builder you can make complaint in Consumer Forum and RERA of Your city.
And Against Lawyer in the Bar Council of your city in which court the case you want to run. but against lawyer you can claim only about his not attending on hearing dates, and not sending or acting as per your side of cluases as per the facts etc.
1. See you can make number of prayer before the court though you should not make the contradicting one you can make three prayers that is handing over of flat on due payment without compound interest or return of principal with interest and compensation.
Engage a gold advocate in case and contest the matter he shall draft your complaint accordingly and file sake before the Commission.
Delay in delivery of possession in a building is one of the most commonly faced and frustrating problems for a property buyer. As in any legal matter, you should posses evidence to prove your stand or allegation. Get all papers and documents ready—advertisement brochure, booking receipts with payment details, any letter sent by the developer, signed agreement, all payment details, emails exchanged, photographs collected, and others. Avoid verbal communication. Buyers should always send a legal notice before approaching any forum or court with their grievance. They should have taken objection with the builder against violations or illegal demands by sending a letter so that evidence can be created in their favour to be produced at the time of proceedings
The Supreme Court, in the landmark judgement in the case of Lucknow Development Authority vs MK Gupta, made it clear that “when possession of property is not delivered within the stipulated period, the delay so caused is denial of service” and a consumer who is a victim of such delay is entitled to compensation.
All the lawyers are not highly dishonest and cheaters. So file the complaint before Consumer Forum or RERA (https://haryanarera.gov.in) with the help of good lawyer.
A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure.
Complaint shall specify the complete details of the lawyer (against whom the complaint is made) such as the name, address, phone number, enrollment number of the advocate and any other detail that shall be required by the procedure of the state council with a colour photograph of the person complaining on the front page of all 35 copies. After which the 35 copies including the original plaint after verification by the complainant by signing each and every copy on the last page is to be submitted. In the Plaint(written either in Hindi or English or any other regional language of the state) , the petitioner is also required to mention his personal details such as the Name, phone number, email-id of the person in case the authorities want to contact the person lodging the complaint. The authorities require the plaint to contain an affidavit on a non-judicial stamp paper of Rs 10/- which is required to be attested by the Oath commissioner or the Notary, to support the complaint. The individual is also required to pay 500 rupees or more, depending upon the State where the case is filed as the complaint fee to the board with the plaint. After the completion of all the above-mentioned procedures, the complaint will be considered in the meeting of the Disciplinary Committee of the State Bar Association and a notice will be served to the petitioner regarding the complaint and its further proceedings.
Dear Sir,
You are suggested to first serve a legal notice to the builder and ask for doing as desired by you within specific time and if not done by him, then file the case in RERA or Consumer Court as per your choice. Please don't make contradictory prayers in your petition and make the prayers as relief sought by you only and insert one prayer "to pass any order/direction which this Hon'ble Forum/Authority deems fits and proper in the facts and circumstances of the case". It covers many prayers/reliefs which are not mentioned in writing. Regarding complaint against advocate, you are suggested to write to Bar Council in which the advocate is registered with all the details of his misconducts. This application is made under section 35 of advocate act, 1961.
Yes the aforesaid remedies can be decided by the court. Consumer court or RERA will be ideal.
If you plan to file a consumer complaint before consumer forum then you can mention all your grievances in the pleadings.
On the basis of the pleadings you can make multiple prayers for the reliefs sought and the prayers can be alternate prayers also.
You cannot seek for multiple alternate prayers, but you can always make alternate prayers.
You can give a complaint against your lawyer for cheating you along with the documentary evidences supporting your claim and pleadings.
You can make a complaint in a plain paper addressed to the chairman of bar council by giving the particulars of the advocate who cheated with proper description of your charges supported by proofs for your allegations agaisnt the lawyer
Hi
Court will decide the best possible remedy itself. They will not ask for your WISH. Judgment will based in evidence you will provide.
You can file only one type of complaint against the builder.
There is no provision that you file a complaint with 3 or 4 different types of prayers.
Thanks
Yes you can pray for more than one reliefs in your case, i.e., you can file case before Consumer Forum seeking directions against builder to refund your money + Interest + Litigation Costs + Compensation for Torture undergone by you.
You can also seek alternative relief of possession alongwith relief as mentioned in point No.3 of your post.
You can lodge complaint against the Lawyer before the Bar Council by paying nominal fee for which you need to have name, address, his enrolment number. you can do it as party in person.
Dear Sir,
You can file suit seeking alternative prayers and the only condition is that you have to pay distinct Court Fee as may be fixed by the State Court Fee and Suit Valuation Act.
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PROCEDURE TO LODGE COMPLAINT AGAINST AN ADVOCATE AS PRESCRIBED BY BAR COUNCIL OF INDIA
A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure.
Click here to see the Advocates Act, 1961
Click here to see Parts I, II and III of the Bar Council of India Rules
Click here to see Part IV of the Bar Council of India Rules (Rules on Legal Education)
Click here to see Parts V, VI, VII, VIII and IX of the Bar Council of India Rules
The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language. In those cases where the complaint is in Hindi or in any other regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India as per the Advocates Act.
Every complaint shall be accompanied by the fees prescribed in the Bar Council of India Rules.
Removal of Defects and Request for Particulars in a Complaint
The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the proper fee has not been paid. He can also call the complainant to remove any defects and call for the particulars or copies of the complaint or other documents as may be considered necessary.
On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass.
Withdrawal and Settlement of Complaints
No matter taken up by the State Bar Council (either suo motu or on a complaint made by other parties) for misconduct of advocates shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or because the complainant does not want proceed with the enquiry.
Before referring a complaint for misconduct of an advocate to one of its Disciplinary Committees to be specified by it, the Bar Council may require a complainant to furnish further and better particulars or may call for comments from the advocate complained against, within a time to be fixed by it.
Show Cause Notice
Once the Bar Council has referred the complaint to a disciplinary committee, the Registrar should expeditiously send a notice to the advocate.
The notice will ask the concerned advocate to show cause within a specified date, on the complaint made against him and to submit the statement of defence, documents and affidavits in support of the defence.
It will also further inform him that in case of his non-appearance on the fixed date of hearing, the matter shall be heard and determined in his absence. Appearance usually includes appearance by an advocate or through a duly authorised representative.
Time of Enquiry
The Chairman of the Disciplinary Committee will fix the date, hour, and place of the enquiry. This date will not ordinarily be later than thirty days from the receipt of the reference. The Registrar has to give notice of the date, hour and place to the complainant or other person aggrieved, the advocate concerned, and the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be.
Notices
The notices shall, subject to necessary modification, be in Form Nos. E-1 and E-2. It shall be sent to the advocates appearing for the parties. Notice to a party not appearing by the advocate shall be sent to the address as furnished in the complaint or in the grounds of appeal.
The cost of the notices shall be borne by the complainant unless the Disciplinary Committee otherwise directs.
The notices may be sent ordinarily through messenger or by registered post and served on the advocate or the party concerned or his agent or other person as provided for in Order V of the Civil Procedure Code.
Notice may also be sent for service through any Civil Court.
Where the notice sent to any party cannot be served using the normal methods listed above, it may be served by affixing a copy in some conspicuous place in the office of the Bar Council, and also upon some conspicuous part of the house (if any) in which the party concerned is known to have last resided or had his office.
Appearance and Witnesses
Parties can appear in person or by an advocate who should file a vakalatnama giving the name of the Bar Council in which he is enrolled, his residential address, telephone number if any, and his address for service of notices.
A Senior Advocate is entitled to appear with another advocate who has filed a vakalatnama.
The Bar Council or its Disciplinary Committee may at any stage of a proceeding appoint an advocate to appear as Amicus Curiae. Such advocate may be paid such fee as the Council or the Committee may decide.
Excepting when the Committee has otherwise directed, service on the advocate shall be deemed to be sufficient service on the parties concerned, even if copies of the notices are in addition sent to the parties, whether the parties have or have not been served.
Unless otherwise indicated, where more than one Advocate appears for the same party, it is sufficient to serve the notice on any of them.
Ex-parte Proceedings
If, in an enquiry on a complaint received, either the complainant or the respondent does not appear before the Disciplinary Committee in spite of service of notice, the Committee may proceed ex-parte or direct fresh notice to be served.
Any such order for proceeding ex-parte may be set aside on sufficient cause being shown, when an application is made supported by an affidavit, within 60 days of the passing of the ex-parte order.
The provisions of Section 5 of the Limitation Act, 1963 shall apply to this sub-rule.
Proceedings and Exhibits
The Disciplinary Committee shall hear the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be or their advocate and parties or their advocates.
The matters can be heard and determined on documents and affidavits. Unless the committee is of the opinion that it should be in the interest of justice to permit cross-examination of the deponents or to take oral evidence, in which case the procedure for the trial of civil suits shall as far as possible be followed.
On every document admitted in evidence, the following endorsement shall be made which shall be signed by the Chairman or any member of the Committee:
The Disciplinary Committee of Bar Council of …………………
Exhibit No …………………………
Date of Document…………………………
Produced by ……………………………
Date ……………………………….
Signature of ……………..
The exhibits shall be marked as follows: –
a. Those of the complainant as C1,C2, etc.
b. Those of Respondent as R1, R2,etc.
c. Those of Disciplinary Committee as D1, D2, etc.
The Disciplinary Committee may at any stage direct the parties or their advocates to furnish such further and better particulars, as it considers necessary.
Recording of Evidence
Any member of the Committee or any other person authorised by the committee shall record the evidence given before the Disciplinary Committee preferably in English. The evidence so recorded shall be signed by the Chairman or by any other member of the committee if the Chairman is not there.
In the case where the records of evidence are in any other language than English and the same has to be sent to the Bar Council of India or its Disciplinary Committee, then the same has to be translated into English. Such a translation thereof in English has to be made by a person nominated by Committee or Registrar certifying the same to be true copy should also be sent.
Record of Proceedings
Every Disciplinary Committee shall make a record of its day-to-day proceedings.
The Registrar of the Disciplinary Committee shall maintain a case diary setting out shortly in order of date, all relevant information concerning the date of filing, the date for hearing and despatch.
The case diary shall also have the details of service of the notices on the parties or the Advocates or the Attorney General or the Additional Solicitor General or the advocate General as the case may be, of statements or petitions filed and/or of their order, and of other proceedings in the matter before the Committee.
Dropping of Enquiries on Certain Grounds
In the case of the death of the complainant during the enquiry proceedings (and if there is no representative who is willing to conduct the case), the Disciplinary Committee may having regard to the allegations made in the complaint and the evidence available, make a suitable order either to proceed with the enquiry or to drop it.
In the case of an enquiry against one advocate only, on his death the Disciplinary Committee shall record the fact of such death and drop the proceedings.
Where the enquiry is against more than one advocate, on the death of one of them, the Disciplinary Committee may continue the enquiry against the other advocate unless it decides otherwise.
No disciplinary enquiry shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or that the complainant does not want to proceed with the enquiry.
Dress
Unless otherwise permitted, counsel appearing before any of the Disciplinary Committees of the State Bar Council or Bar Council of India shall appear in court dress.
Findings and Judgment
The finding of the majority of the members of the Disciplinary Committee shall be the finding of the Committee. The reason given in support of the finding may be given in the form of a judgment.
If there is a difference of opinion, any member dissenting shall be entitled to record his dissent giving his own reason. It shall be competent for the Disciplinary Committee to award such costs as it thinks fit.
The Registrar of the Disciplinary Committee shall send, free of charge to each of the parties in the proceedings, a certified copy of the final order or judgment.
The date of an Order made by the Disciplinary Committee shall be the date on which it is first received in the office of the Bar Council after all the members have signed it.
For the purpose of limitation, the date of the Order shall be the date on which the contents of the signed Order are communicated to the parties affected.
Pending Matters
Certified copies of the records of a case pending before the Disciplinary Committee may be granted to the parties or to their counsel on an application made in that behalf and on payment of the prescribed fee. This is mandatory unless the Committee has directed otherwise.
The Secretary of a State Bar Council shall send to the Secretary of the Bar Council of India, quarterly statements of the complaints received and the stage of the proceedings before the State Bar Council and Disciplinary Committees.
The Secretary of the Bar Council of India may call for further statements and particulars as he considers necessary.
The Secretary of every State Bar Council shall furnish such particulars and send such statements as may be considered necessary by the Secretary of the Bar Council of India for these purposes and send them all to the records of proceedings that stand transferred.
The date of receipt of the complaint or the date of the initiation of the proceedings at the instance of the State Bar Council shall be the date on which the State Bar Council refers the case for disposal to its Disciplinary Committee.
Withdrawal of Proceedings
Where a State Bar Council makes a report, the Secretary of the State Bar Council shall send to the Secretary of the Bar Council of India, all the records of the proceedings, along with the report.
An application by a person interested in the withdrawal of a proceeding shall sign the same. It shall set out the necessary facts supported by an affidavit and accompanied by the fee prescribed.
For making an order on an application of a party or otherwise for withdrawal of an application, the Disciplinary Committee of the Bar Council of India may:
a. Call for a report of the Disciplinary Committee seized of the proceedings;
b. Issue notice to the respondent;
c. Require the parties to file such statements as it considers necessary;
d. Call for the records of the proceedings; and
e. Examine any witnesses.
In the proceedings before the Disciplinary Committee of Bar Council of India, the parties may appear in person or by an advocate who shall file a vakalatnama.
On consideration of the report of a State Bar Council or otherwise, the Disciplinary Committee of the Bar Council of India shall pass such orders as it considers proper.
Appeal to the Bar Council of India
An appeal to the Council from the State Bar Council shall be in the form of a memorandum in writing. If the appeal is in a language other than English, it shall be accompanied by a translation in English.
In every appeal, all persons who were parties to the original proceedings alone, shall be impleaded as parties.
In an appeal by the advocate against an order for misconduct, in case of death of the complainant, the legal representatives of the complainant shall be made parties.
An appeal may be presented by the appellant or his advocate or by his recognised agent in the office of the Bar Council of India. It can also be sent by registered post, so as to reach the Secretary, Bar Council of India. The appeal has to be presented on or before the last day of limitation.
Any appeal may be admitted after the period of limitation if the appellant satisfies the Disciplinary Committee that he has sufficient cause for not preferring the appeal within such a period. Any such application for condonation of delay shall be supported by an affidavit.
The memorandum of appeal shall contain necessary particulars as in Form G. The memorandum of appeal shall state when the order was communicated to the appellant and how it is in time.
Along with the memorandum of appeal, the appellant shall file:
a. The certified copy of the order appealed against, signed by the Registrar of the Disciplinary Committee,
or
b.
(i) If there is only one respondent, five additional copies of the memorandum of appeal and of the order appealed against.
(ii) If there is more than one Respondent, such number of additional copies as may be necessary.
All copies shall be certified as true copies by the appellant or by his counsel.
Every memorandum of appeal shall be accompanied by the prescribed fees in cash.
If the papers filed in an appeal are not in order, the Registrar shall require the appellant to remove such defects within a specified time.
Allocation of Matters in Appeal
The Chairman of the Executive Committee or in his absence the Vice-Chairman of the Executive Committee) or such other member authorised in this behalf by the Council) shall have the power to allocate matters relating to the Disciplinary Committee. Sometimes the Council allots a particular case to any one particular Disciplinary Committee.
Any matter allotted to a particular Disciplinary Committee, which has not been heard, may be reallocated to a different Disciplinary Committee.
Interim Orders in Appeal
The Chairman of any Disciplinary Committee shall have powers to issue interim orders on urgent matters which may be placed before him by the Registrar.
Time and Date in Appeal
Subject to any resolution of the Bar Council of India relating to the places of hearing, the Chairman of the Disciplinary Committee concerned shall fix the date, hour and place for the hearing of the appeal.
Exhibits and Records in Appeal
The appellant shall be required to file six typed sets of the papers properly paged and indexed, if there is only one respondent.
In case of multiple respondents, as many more sets as there may be number of respondents, for the use of the Disciplinary Committee and by the other parties and for the record.
The papers to be filed are: –
a. The complaint and the statement in the defence of the advocate,
b. The oral and documentary evidence and such other papers on which parties intend to rely,
c. Any other part of the record as may be directed by the Committee.
Where any of the above papers is in a language other than English, English translations thereof will be filed.
The respondent shall, if he so desires, or if so called upon, file six sets of typed papers of any part of the record on which he intends to rely. He shall also file English translations of papers that are not in English.
Notice of Hearing in Appeal
The Registrar shall give notices to the parties, informing them of the date, the time and the place of the hearing of the appeal. A copy of the memorandum of appeal shall be sent to the respondent along with the notice of the appeal.
Withdrawal of Appeal
No appeal filed against an order of punishment of an advocate shall be permitted to be withdrawn on account of settlement or compromise or adjustment of the claim against the advocate.
Every appeal filed by or against an advocate shall abate on the death of the advocate so far as he is concerned.
Records from State Bar Councils
The Registrar shall issue notice to the State Council concerned for the complete records to be sent to the Council.
The Registrar of the State Council concerned shall send along with the records a list containing particulars under the following columns and comply with such other directions as may be issued.
Serial number of document
Date of document
Description of document
Page number
Application for Stay
An application for stay shall be made by the applicant with at least five copies of the application, and the affidavit and as many additional copies as there are respondents. Where the application is not in English, five copies with translation in English shall also be filed.
In every application for stay made to the Council, the applicant shall state if any application has been made to the State Council and the orders on the same.
Before a matter is allotted to a Disciplinary Committee the registrar may obtain orders on applications for interim stay or other urgent applications from the Chairman of any of the Disciplinary Committees. The orders passed shall be communicated to the parties and to the Secretary of the Bar Council concerned.
The Disciplinary Committee of the Bar Council of India shall exercise all the powers exercised by the Civil Court or Court of Appeal under C.P.C.
You can simply visit the bar council of the state and give them your application of complaints you can also approach the the bar association of the concerned court where the advocate is practicing to make complaint against him
Mr kumar,
So far as your complaint in consumer commission is concerned all the options that you are looking for is open as the interest rate of 15% is supported by your tripartite agreement and builder is charging 15% interest on the remaining amount able to them definitely this is your right to claim the same amount of interest as you are liable to pay.
State consumer commission will take this matter based on the tripartite agreement to compensate you you during the delay period and interest for the entire period which is start from the date after 3 years and 6 month moratorium period you can file your complaint if your claim is less than 1 crore rupees state consumer commission.
It is not necessary to represent your case by an advocate if you are able to make your complaint as per the requirement of the commission to be filed in you can represent your case by yourself
Many adovcates are good Professional and very few lawyers are like your lawyer, but they bring disgrace to other honest lawyers in the society. ok lets come to the point, you can give a letter in writing (complaint) to the head of the bar council in your area, and then they will take it for enquiry from your advocate and give evidence against him before the bar, and bar usually does not let down their advocates, be ready with all the necessary proofs to prove his misconduct.
1. Yes you can claim alternate reliefs in one plaint but interest claim should be either simple or compound.
2. You can claim that builder should give compound interest of 15% on principal amount on delayed possession offer as claimed by builder for delayed payment.
3. Alternate relief claim should be possession of flat without interest on delayed payment as builder is under default of offering delayed possession and any other relief as court deems fit.
Hello,
Yes you can make the claims stated by you before the consumer court and i can assure you that there is a ample chance that you will get the order inyour favour .
regards
Thank you very much sir for your kind ratings to me.
I would like to further help you in drafting of case, only if you are going for the same before the court of law or for discussion on any issue related to the present above query.
regards
Yes you can make 3 or 4 types requests compound interest is rare.
Offer 1 and 2 are good pray for mental agony and litigation charges additional
You can take possession legally only after oc. Yes bptp fact is correct as you have mentioned
Court will decide as per your prayers