Question:
What is the best solution of this problem ?
?
2013-04-22 03:26:12 UTC
I live at Indore (M.P). There is a coaching Institute in Indore. My son was preparing for IIT entrance
examination. We contacted this coaching institute. It was falsely assured by director of this coaching institute, that it was leading one. There were no demo classes given. Trusting on
Director's false assurance, my son took admission and I deposited Rs.30000/ admission fee.
My son attended classes for only 03 days. He found that teaching was not up to the mark as told by director. With a view not to waste time and money in this coaching institute, my son discontinued attending classes.

When we asked director to refund fee after deducting service charges for 03 days. He refused
to refund fee. When I followed up a lot, Director asked my son to bring a letter written by his father
that " My son wants to change Science stream and wants to take commerce stream" for refund of fee. My son in the hope of getting fee refund , gave that letter to director. After receipt of that letter, director wrote a note below that letter to refund fee Rs. 12100/ immediately and remaining
fee would be refunded on submission of commerce certificate. Director knew very well that neither student would be able to submit commerce certificate, nor he would have to refund fee. So
Director ill-intentionally with deceit had asked such type of letter under his preplanned conspiracy. We have received Rs. 12100/ till now. Remaing amount, he is not refunding after
reminding him, several times.

Aggrieved with this, I filed a consumer case at District Forum, Indore(M.P) with the help of a lawyer at Indore (M.P). I paid Rs. 3000/ to lawyer for his fee. This case continued for almost 03
years at District Forum, Indore. Finally complaint was dismissed by District Forum, Indore (M.P). Aggrieved with this, I decided to file first appeal in state consumer commission, Bhopal.
Since distance between Bhopal and Indore is approx. 200 Kms, so I contacted other lawyer of
Indore (M.P) and consulted. He advised me that he was having a friend at Bhopal, who would handle my case . Lawyer of Indore took Rs. 3000/ his fees from me and drafted first appeal papers and sent to lawyer of bhopal . Lawyer at bhopal negligently filed first appeal after a delay of 02 months. Appeal number was given. Lawyer attended few hearing and after that did not attend hearing. Due to which state commission has dismissed this appeal due to want of prosecution . Problem with me is that I can not go to bhopal from Indore, on each hearing date.
In order to ease my problem, I had hired a lawyer at Indore. I do not know any lawyer at bhopal.
When I showed order of state commission, dismissing my appeal for want of prosecution
to lawyer of Indore, he told that there was no problem. He would file a review application and my
appeal would be restored . Is he saying correct or telling a lie ? For filing review application,
if he asks for more money then what should I tell him? I have already paid Rs. 3000/ to him.
Five answers:
kcsadvocate
2013-04-23 20:30:33 UTC
It is not known whether your pleadings before the District Forum, were drafted properly and evidence of as many witnesses as are appropriate to the facts and circumstances was led and the pleadings of the opposite party refuted effectively.

Again, the same applies to the appeal before the State Commission.

Law: State Commission has got no powers to review its own order, however wrong you may consider it to be. So, it will be a wastage of time and money to file review petition.

Normal remedy: Revision petition before the National Commission at New Delhi. Cost would be prohibitive considering the amount involved in dispute being very meagre.

Special Remedy: If you obtain certified copy of order sheet and vakalat nama filed by you from the state commission, (no advocate required; any of your friend can file your application, duly signed by you and has to provide an envelope with adequate stamp for registered post with your address neatly written. The same will be received by you directly within about a month), it would reflect whether the advocate at Bhopal was a duly authorised advocate or not and if so, whether he remained absent on prescribed dates and whether his absence was the reason for dismissal of your appeal. Then only you can sue that advocate for 'deficiency of service' estimating the damages suffered by you. If your Indore advocate too had signed that Vakalatnama, then the case can be filed in Indore itself, though one party is in Bhopal otherwise only at Bhopal.
?
2016-12-24 18:53:42 UTC
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?
2013-04-22 03:45:17 UTC
Sorry about your trouble.



The only people that ever win a legal dispute are the lawyers.
xpatinasia
2013-04-22 03:51:46 UTC
Small Claims.
arvind singh
2013-04-22 21:34:02 UTC
dear file a police report or criminal case under section 420,406 ipc, and also consult a criminal; lawyer to guide you, i think you are misguided


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