JUDGEMENT
A.K.ANNAMALAI, J. -
(1.) The unsuccessful complainant is the appellant.
(2.) The complainant filed a complaint against the opposite party who had
appeared as a lawyer for his case claiming refund of rs.2,000/- fees paid
and for Rs.2,00,000/- as compensation for mental agony and other ordeal
and deficiency of service and rs.1,000/- as costs.
(3.) The brief details of the complaint are as follows :- The complainant
filed H.M.O.P.No.21/2000 against his wife and got divorce decree on
19.9.2003 against which his wife field an appeal in appeal No.36/2003
before the District Court, Karur and it was allowed by the District Court
by setting aside the decree and judgment of the Lower Court and in order
to appeal against the same, the complainant approached the opposite party
to engage as lawyer and paid Rs.2,000/- on 5.1.2005 as fees for filing
appeal before the Honble High Court at Madurai Bench and along with
the fees complainant handed over relevant case documents. But as there
was no proper response regarding the steps taken by the counsel for
filing the appeal the complainant gave a complaint before the Bar council
of Tamilnadu which also dismissed the complaint, and thereafter the
opposite party sent letter to receive back the case bundle and he is not
appearing for the case before the Honble High Court. The complainant
came to know that the opposite party without filing the appeal in time
before the Honble High Court and after keeping the case records with
him for more than 420 days with delay filed and when enquired he gave the
SR No.3843/2006 to cheat him and thereafter after sending the complaint
to the Bar Council the opposite party sent the letter for sending back
the records and thereby he caused lot of trouble to the complainant as
his wife had taken steps for forfeiting half of his property due to the
deficiency of service by the opposite party and thereby there was mental
agony and the complainant has come forward with this complaint.;
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