Issue him a notice seeking refund waring of complaint to State Bar Council. There after you file complaint against him to Disciplinary Committee of Bar Council of State Punjab and Haryana.
Paid Advance to lawyer
I paid Rs 55,000 advance to form a political party in Punjab to a lawyer while I was in mania phase ( bipolar disorder ) , my treatment went on since past few months and I’m stable now , I have no intentions of forming a political party now , I called the lawyer and explained him the situation and he declined to return the money citing that he has expenses to handle , I told him about my bipolar situation and he said right now it’s tax season so I don’t know what to do
Asked 10 months ago in Criminal Law
Religion: Sikh
8 Answers
Just to clarify I submitted no documents , no paperwork was done , just talked over call and transferred the advance amount of Rs.55,000 through UPI, I have a screenshot of the transaction and the transaction still shows in my Google pay in May 2024 , contacted him today ( February 24 , 2025)
Asked 10 months ago
In the absence of any legally valid agreement between you and the the so called lawyer you cannot take any legal steps to recover the amount if you have really given it. Moreover, advocate is not a proper person to perform this task hence you may talk to him and try to settle the matter amicably because you may not find any solution through legal sources.
You issue a legal notice demanding the money given to him and secure the notice as evidence.
After getting no response from him you may proceed to file a money recovery suit through another lawyer.
You can request him for refund of money paid by you
if he refuses complain to bar council
One year has passed
if he has done any work he will not refund your money
You can file a complaint against him in bar council and seek redresasaal. If he has giv n you consultations and can justify the said fee then he will not return the same as I you have withdrawn the request for legal service. If he can’t justify and not given you service then he has to return the amount deducting his charges if any justifying the said deduction
- As per law, if you have not availed the services of the contract then you are entitled to get refund of the amount.
- However, if the said lawyer has expended the amount for the documentary work for the forming of that party then he is not under obligation to refund the amount to you
- You can issue a legal notice to the said lawyer.
Under the Indian Contract Act, 1872, a contract is valid only if both parties are of sound mind at the time of agreement. If one party is of unsound mind, such as during a manic episode of bipolar disorder, the contract may be considered void.
In your situation, having paid ₹55,000 in advance to a lawyer without any services rendered or documents submitted, you may have grounds to request a refund. Here's how you can proceed:
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Formal Communication: Send a written notice to the lawyer detailing your medical condition at the time of payment and formally request a refund.
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Evidence Collection: Gather all relevant evidence, including medical records confirming your bipolar disorder diagnosis and the transaction details, to support your claim.
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Legal Action: If the lawyer refuses to refund the amount, consider filing a complaint with the local Bar Council or pursuing legal action in a consumer court for the recovery of your funds.
Consulting with another legal professional can provide guidance tailored to your specific circumstances and help you navigate the process effectively.
