A complaint should be filed against the lawyer before the bar council immediately. It is these kind of lawyers who bring a bad name to the lawyer community.
A complaint should also be filed before the court where she practices.
Lawyer absconding after using credit card
I had consulted a lawyer and once she completed her job paid her fee what ever she asked (actually she cheated by not telling her fee initially and at the end she asked abnormal fee ) After full and final settlement is done to her after 1 month ,issue started ,all the conversations here onwards happened in whatsapp: She asked my credit card telling she will pay in 2 days and used my card for 30,000 rupees. Then I waited for a week and asked her to repay , there onwards she started escaping / absconding. Once in a month she keep message in WhatsApp telling sorry will pay back in 2 days and she switch off her mobile . This cycle is happening from 4 months . I really doubt that she won’t pay back if it gets delayed It’s my hard earned money and not understanding how to get my money back . She is totally taking advantage of my patience . What should I do now?
Asked 5 years ago in Criminal Law
Religion: Hindu
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7 Answers
File police complaint against lawyer for cheating and criminal breach of trust under section 406 , 420 of IPC
It was your fault that you gave your credit card to be used her.
As per law the credit card or debit card cannot be given to anyone by the card holder for any reason even for withdrawing the amounts on their behalf, therefore you have committed a mistake.
If the mistake is on your side how do you think that you can take any legal action against her or anyone against who you have this complaint.
You cannot seek remedy or relief for your own mistake that too done knowingly.
This may not come under professional misconduct too even though you have evidence for she having drawn amount from your credit card.
She can very clearly say that you have paid the fee due to to her through the credit card payment and escape the liability.
Unfortunately even your complaint with the bar association or bar council may not be entertained becasue of your fault.
She had used my credit card by asking me to send by WhatsApp. I have her voice message and WhatsApp messages as proof , will proofs work ? And for 30,000 rupees recovery how much again I have to spend for police and lawyers ? As she is lawyer does she has right to cheat people like this ? Is there any law that only I only have to use my credit card ? WhatsApp Messages clearly says that she used my credit card and absconding .
Asked 5 years ago
Your credit card or debit card can be used only by you.
You cannot even divulge the details of the PIN to a third person.
You have done a mistake as per law.
In fact you only induced her to commit this fraud.
WhatsApp messages are not admissible as primary evidence in court of law.
Your complaint may not even be entertained by police.
Neither lawyer nor anyone is authorized to do any crime but in this situation it is you who have committed a mistake.
1) what’s app messages are admissible in evidence
2) for filing police complaint you don’t need to spend any money
3) police would investigate and submit charge sheet
4) you done need to engage any lawyer
You have sufficient proof. File a complaint.
Dear Sir/Ma'am,
Watsapp messages and voice recording can be used as evidence.
Lending your credit card details to someone else is breaking the terms of agreement you made with the bank. But the same will be taken in consideration with respect to legal issues with you card issuer.
You can still file a fir against the lawyer for cheating as she has not returned the money, she said she will pay as you have evidences. Filing of Fir does not cost money.
Thank you
