24/10/2008<br /> COMPLAINANT/BY SRI:-IP<br /> OPPOSITE PARTY BY SRI:-KD/BVK<br /> O.P.1/O.P.2<br /> <br /> Perused the complaint and defence version. The complainant has filed his complaint against opposite parties who are the advocates stating that the opposite party advocates have cheated him to prove C & R Rules notification before the Hon’ble Karnataka Administrative Tribunal. The complainant has claimed Rs.19,99,950/- as compensation from the opposite party advocates. <br /> <br /> 2. Notice was issued to the opposite parties and in pursuance to the notice they have appeared before the Forum and submitted their defense version stating that the matter before the Karnataka Administrative Tribunal was heard in the year 2006 and the application No.379/2006 was heard and dismissed by the Hon’ble Karnataka Administrative Tribunal on 31/1/2006. The complaint filed before this Forum on 16/7/2008 is after more than two years. Therefore, the complaint is barred by time and this ground itself complaint is liable to be dismissed. It is further case of the opposite parties that Hon’ble Karnataka Administrative Tribunal had passed judgment on merits in accordance with law. If at all the complainant has got any grievance over the same he has to approach the appropriate court of law. The allegations of the complainant are baseless. First opposite party has not received any amount or any fee as service charges from the complainant. Complaint is wholly untenable, malafide. Therefore, the opposite parties have requested to dismiss the complaint. <br /> <br /> 3. Arguments are heard.<br /> <br /> 4. I have gone through the complaint and the papers and the defense version. The opposite parties have produced copy of order of the Karnataka Administrative Tribunal, Bangalore passed in application No. 379/2006. On going through the order of Administrative Tribunal it is clear that the Hon’ble Tribunal had rejected the case of the complainant on merits by addressing the grievances of the complainant. The application moved by the complainant before the Administrative Tribunal was rejected on 13/1/2006. The complainant herein could have challenge the order of Hon’ble Tribunal before the Hon’ble High Court of Karnataka. It appears that the complainant has moved to the High Court Legal Services Committee, Bangalore. The said committee had given opinion stating that there is no prima-facie case to file Writ Petition before the Hon’ble High Court. So, under these circumstances there is no question of committing any professional negligence or misconduct on the part of the opposite parties. The complaint filed before this Forum on 18/7/2008 is also barred by time. The cause of action if at all had arisen to the complainant on 13/1/2006 the date on which Administrative Tribunal had passed orders. The complaint filed against the opposite parties on 18/7/2008 is hopelessly barred by time. When the matter of the complainant was heard and order was passed on merits by the Hon’ble Administrative Tribunal. In that situation where was the question of committing any professional misconduct or negligence. The litigant shall not take liberty of filing complaint against their advocates after the case was decided against them. This is a very dangerous trend. A legal profession is considered to be a Noble profession. The advocates fight for the cause of justice. They argue the case before the Judicial Tribunal or Courts for getting justice. Ultimately the Judicial Tribunal and the Courts passes orders on merits by taking into consideration of arguments advanced by the advocates. If the order goes against the client the advocate cannot be held responsible for adverse orders. The aggrieved party has to approach the higher Forum or Court or authority challenging the order of lower courts. The advocates are nothing to do with the findings or the orders passed by the Judicial Tribunal or Courts. The complainant in this case had got adverse orders from the Administrative Tribunal, he could have challenged that order before the Hon’ble High Court. But instead of pursuing the legal remedy the complainant has come with this complaint seeking compensation against his own advocates. This is very disturbing and dangerous trend of a litigant. On the facts and circumstances of the case there is absolutely no merit in the complaint. It is nothing but the misuse of the process of law and the provisions of Consumer Protection Act. The complaint is devoid of merits and the same is liable to be dismissed. In the result, I proceed to pass the following:-<br /> ORDER<br /> 5. The complaint is dismissed. No order as to costs. <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 24TH DAY OF OCTOBER 2008. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> Rhr<br />