I filed a writ petition against illegal constructions on an 70 yrs Old G+4 building where an additional floor approx 4000 sq ft,Open Space courtyard covered 2500 sq ft was illegally constructed by owners without any KMC Plans,report from Structural Engineer,LBS or Soil Test Report from Geo Technical Engineer. The Owners had raised the height to above 23 M making it a High Risk Building without following Fire Safety Rules,Lift Rules or NBC Rules. I had paid the entire fees for appearance and drafting of my writ in advance between Nov 2023 - Jan 2024 before the writ was filed in Calcutta HC with a Different advocate on record. I had made 17 Parties which included Municipal Body,State & Pvt Respondents. During my several visits to their chamber & conversation over the phone my Advocate would often say lots of things about the Justice whose bench my matter would be heard. He would tell me that She is a Justice by Chance,Need & required a monthly remuneration, does not know law at all. She didn't have a good practice as an Advocate.She will never give me relief and I Should be prepared for an appeal in the division bench.Hearing was conducted on 29th April 2024 which I was not even aware of and was dismissed by default. I called up my lawyer to ask for the reason,his phones were switched off. Called up on his advocate father's mobile & he said lots of Hanky Panky Things are happening in HC you please come to court.The Son did not have any eye contact with me & was distancing with me.In the end he said he didn't expect the matter to be heard as the matter was listed at 122 & was heard very late. His father asked me to come next day for revision petition which was filed on 30th April. Since then onwards they have started to avoid me,giving me false assurance that matter has been mentioned,would get listed & hearing done for restoration and a date be fixed for final hearing. Next day i sent them a Video Clip of the proceedings on You Tube of the said bench and saw that my matter was heard at 04.11 PM and four Advocates turned for their respective clients but mine was nowhere to be seen.I could see Justice scream where is the petitioner? before dismissing the case by Default. I told them that I want to change my advocate to which my Advocate offered me a settlement proposal which I had refused in full.Now They have stopped taking my calls,stopped replying to my WhatsApp messages which has been another means of communication. My case now hangs in uncertainty. I have appointed a new advocate but surely have apprehensions that they played dirty and cheated with me. Also came to know that my advocate's senior had appeared for one of the Pvt respondent. How do I complain against my Advocate? I have complained against them to the Bar Council & Bar Association to take action against them? We appoint Advocates to help us in the legal battle but then such unethical practice raises doubts on both Advocates & Judiciary. Will there be any action against them?
I have filed a writ petition in Jan 2024 against illegal constructions of an additional floor approx 4000 sq ft & inner open space courtyard covered 2500 sq ft on a 70 yrs old G+4 building by new owners in the year 2016-2017 without even applying for any permission & any sanctioned Plans from KMC in the year 2016.No reports from Architect/LBS/Structural Engineer/Geo Technical Engineer for Soil tests. 3 FIRs were lodged in the year 2016 & 2017 against the minor unauthorised constructions but never against those large scale constructions.There was also a demolition shown done by KMC on the 5th fl in the year 2018. Owners have forged the sale deed by saying that KMC had sanctioned plans for additional Floor,before constructions had started & completed. Out of 24 Sale of deed executed 14 of them say it's a G+4 building with total constructed area as 19823 sq ft. The ones executed in 2018 & onwards say it's a G+5,with 23800 sq ft. Height of the building was increased above 23 M which makes it a High Risk Building.No Fire safety equipments installed in the Building. No Fire license was taken or permission for converting the Residential Building into commercial. No license was issued by Chief Electrical Inspector for Installing lift. Main Gate Entrance & Exit was Changed without KMC permission. Side Emergency Exit Gate has been covered,sold to a Logistic supplier. The owners,buyers of the said property have managed things at local borough office,Local PS and KMC HQ so that no action is taken against them. Despite a demolition shown done in KMC records on the 5th floor in a portion in 2018 the same KMC mutated the property once it was registered on a plan enclosed which does not have any KMC stamp or signature of any Executive Engineer. Owners have violated Building,Fire,NBC and Lift rules. Building has more than 45 Violations in total. Was the Registry & Mutation of the said illegal floor & Courtyard covered into Godown legal in the eyes of law?
1. Your case has a good merit and I wonder why it eas handled in the way you have mentioned.
2. Now the same Bench is no more taking the matter and now another Bench is dealing with similar cases.
3. If your advocate is not cooperating with you a then do not wait for him anymore and engage another one.
4. Now your case is to be restored so that the order for dismissal of default is recalled and the case is heard once again on merit.
Good luck.
You have filed complaint against advocate before bar council .case was dismissed due to lawyer failure to appear .bar council would take action against lawyer
2) you could have taken out application for setting aside order of dismissal as you should not suffer due to lawyer negligence
You have good case on merits
Your case was dismissed for default, may be because of the negligence of your advocate who has missed it out thinking that this item may not reach the court that day.
Unfortunately his calculation went wrong resulting in this drastic decision by court.
Even now, you can change your present advocate and engage a better advocate or appear as party in person to file a restoration petition to restore the case by giving substantial reason for your inability to appear before court on that date.
Since you have already initiated a complaint against your previous advocate for misconduct, you may follow it up properly.
You may follow up the case already filed and was dismissed for default, with additional issues, if there are any.
- You have legal right to approach the Bar Council and Bar association , if the said advocate has not performed his/her duty after getting full fees.
- Further, you can also file a petition before the Court as well for the recovery of the paid amount , if the services were not given, however if there is no fault towards the advocate , then your complaint will not maintainable.
- Further, if the Petition has been dismissed due to non-appearance of the lawyer /party , then you can move an application before the same court for restoration of the petition.
From the information provided in the query, assuming it's correct, you should have filed a PIL rather than a writ petition
It appears that the petition was listed on board and was called out but your advocate was not present
The court dismissed the petition for want of prosecution as nobody appeared for the Petitioner
The court could have passed over the matter instead of dismissing it
As there is a restoration application filed and pending , the court will decide the same
You need to know that you can maintain a bar council complaint against the advocate only if he had circulated the petition for urgent hearing and despite that he absented himself when the matter was called out. I don't know what reason is given in the restoration application, but that also needs to be factored in. May be the advocate was actually in some genuine personal difficulty due to which he could not appear when the matter was called out.
However if he deliberately absented himself then that amounts to a gross professional misconduct against which the bar council will take disciplinary action as per law
I am curious to know what was the settlement offer that your erstwhile advocate offered and for what
Thank you respected Advocates for giving me the reply. My Adv was not busy in other court in any other case. He was very much around the HC premises but gave me different excuses on different occasions. Sometimes he says that because of clerks mistake he couldn't make it, sometimes he says that the case was listed at 122 and the court proceedings started from case no 55 hence never thought that the case would be heard at all. He said that the matter was heard very late however from You Tube live proceedings of the case I saw that it was heard at 04.11 PM which isn't that late as claimed by him. It was me who had informed his dad on his mobile phone because he had switched off both his phones. I got news from my locality when people said that I have lost the case and my case has been diamoaa
- If he has given same excuses on earlier date of hearing , then it will considered as his fault , but if the said excuse was on the date of dismissal the petition , then it cannot be said his fault as he can be busy in another court
- However, it was his duty to inform the court for the same or can appear even through Video conferencing mode.
Thank you respected Advocates for giving me the reply. My Adv was not busy in other court in any other case. He was very much around the HC premises but gave me different excuses on different occasions. Sometimes he says that because of clerks mistake he couldn't make it, sometimes he says that the case was listed at 122 and the court proceedings started from case no 55 post lunch hence never thought that the case would be heard at all. He said that the matter was heard very late however from You Tube live proceedings of the case I saw that it was heard at 04.11 PM which isn't that late as claimed by him. It was me who had informed his dad on his mobile phone because he had switched off both his phones. I got news from my locality when people said that I have lost the case and my case has been dismissed by default not knowing the actual meaning because I am not from a legal background. Suspicions came into my mind once my advocate filed the revision petition with supplementary affidavits and told me that his senior was standing for one of the Pvt Respondents. When I had told him that I would be appointing someone better to head the next hearing after case is restored then he made the settlement offer. He asked me what is your demand to which I said what is the Respondents offer? He asked me again how much do you want?I said I want the demolition of the illegal structure and since then he has shown his true colors. He is in cahoots with other side advocates because his behavior has changed,he has stopped replying. He knows he would not be appearing in my case again,he has already recieved fees from me and surely some packets under the table.
- Your narrating facts showing that the said advocate has not appeared before the Court malafidely , and under such circumstance you are entitled to lodge a complaint against him
- You should give the above said details to the BCI and also Bar association for justice.
If the above is true then it is a clear case of professional misconduct
It's surprising to know that an advocate is acting as an agent for the Respondent
Its highly likely that his senior, who appeared for a private Respondent, told him to miss the hearing date so that your petition is dismissed for default
Really sad and unfortunate
Plz pursue the bar council complaint against such dishonest advocate who bring disrepute to the profession
Also bring the fact to the notice of the court who will be hearing your restoration application
I suggest you file an affidavit explaining what exactly transpired and how your erstwhile advocate jeopardized your petition
Dear Client,
Given the situation of misconduct by your advocate, it is advisable to file a detailed complaint with the Bar Council of West Bengal. If the Bar Council finds your advocate guilty of misconduct, you may have grounds to seek redressal and damages for any losses incurred due to his negligence or unethical behaviour. Consider engaging a new advocate who id diligent and committed to representing your interests effectively. Ensure your new advocate is fully informed about the previous advocate’s misconduct and the details of your case.
With your new advocate, draft a detailed writ petition highlighting the illegal constructions and violations of building, fire safety, and lift rules. Consider filing a PIL if the illegal construction poses a significant risk to public safety. File RTI applications with KMC, Fire Department, and other relevant authorities to gather evidence and official records. You can also consider filing complaints with the KMC, Fire Safety Department, and Lift Inspectorate. Should you require any further clarification, please do not hesitate to contact us.
You have already complained to bar council against the advocate
you have changed your lawyer so you should get justice
you cannot come to conclusion that your lawyer is hand in glove with other side advocate
it is true he did not appear in court but subsequently he has tame legal proceedings to set aside order of dismissal
If the advocate had not appeared for the hearing despite aware of the case being listed, it may termed as negligence and an act of misconduct of profession.
The counsel on record should be alert and conscious of the situation till the close of working hours of court.
The reasons stated are not justifiable.
You can pursue the complaint against the counsel with bar council for misconduct
Adv Yusuf with illegal constructions being a menace as stated by Honble SC and many HC judges its the local municipal bodies,Local PS,politicians who give the owners,contractors and builders the patronage. In my case there has been a demolition shown done by KMC on records which has become a bane for both Civic officials & Police who had fabricated the cosmetic demolition. Now the same KMC mutated an entire floor of 3800 sq ft on a plan enclosed which has not been issued by them. The sale deed has been doctored that KMC had issued plans which has become suicidal for these people who have spent crores to buy this commercial property illegally constructed in a 70 yrs old building with 45 Violations of Building,Fire,NBC etc. My erstwhile Advocate always said it is a good case of merit until he started working for the benefit of my opposite parties. Being an Advocate its for sure he damaged my case not for free but must have accepted something in cash or kind as because the property against which i have filed the writ is worth Rs 10 crores as per current market rate. By God's blessings I got in touch with an advocate who will surely not sell his morals,go unethical and work for the opposition party. Never got any reply from SPIO,1st appellate & SIC as KMC officials are on wrong side. Hamam mein sab nange hai. Civic rules have been gang raped & murdered in this building as Mayor,Municipal Commissioner,DG Buildings,Chief Engineer,Borough Executive Engineer all turn into Gandhi's 3 monkeys. Mr Sethi he did it because he knew I would be giving him more cases but then the moment I changed him he stopped communication with me. I know I can't prove in any court that he had aided with my opponents and was aiding them in some manner except that he abstained on my hearing intentionally. Warm regards to all the advocates who have aired their advise on my case. A Big Thank you.
Colluding with the opposite side is a gross misconduct and breach of trust.
As you have already filed a complaint with bar council against the advocate, you may follow it up while you continue the case through a different advocate.
In stead of being stuck in the same issue, get your case restored and heard on merit
Thanks for your appreciation
you have good case on merits
You can restore it on that ground that lawyer was not present and you need to he heard
Your grievances can be understood.
Your previous advocate might've been purchased by the opposite party hence he remained hostile during the hearing leaving it to get dismissed.
But, as you rightly observed that you don't have any evidence to prove your allegations against him, you can ignore him and continue to proceed through the new advocate
- You can send him a notice for the same