The Telegraph
Wednesday , January 15 , 2014
CIMA Gallary


Q: My wife and I are naturalised US citizens. We are 67 and 75 respectively. We live here on overseas citizenship of India cards. We have been fighting a promoter in court in India. So far three lawyers have taken advantage of our ignorance of the Indian legal system, fleecing and betraying us. As there is no disciplinary board in Calcutta to deal with errant lawyers, we wrote to the West Bengal Bar Council but got no response. It is next to impossible to lodge a malpractice suit against a lawyer as none among the fraternity agrees to represent in such a lawsuit. What can we do?

Name withheld

A: If your lawyers are guilty of gross negligence in conducting your case and have betrayed your trust, you may file a complaint against them for deficiency in services with the Consumer Redressal Forum. But you will have to plead in person.

Q: I have invested some money in a chit fund in West Bengal. The company is registered under the Companies Act of the ministry of corporate affairs. It has now shut down its operations. What legal action can I take to get my money back?

Goutam Aich, Calcutta

A: You may immediately send a legal notice to the company demanding your money. Simultaneously, lodge an FIR with the local police station requesting them to start a criminal case of cheating, breach of trust and misappropriation of property against the culprits. For recovery of the money you may also file a money suit with the civil court.

Q: In 1982, I had bought a property from a person who had purchased it in 1967 from a legal heir. The heir had inherited the property from his father. Recently some people have come forward claiming to be the legal heirs of the original owner. They are demanding the title to the property and possession of their share. What is the legal remedy, if any, for me to nullify their claim?

Jitmal Sunul Kumar, Calcutta

A: Did you not conduct a search on the property before buying it? If the persons claiming to be heirs are truly deprived legal heirs, they may file a civil suit for the declaration and recovery of khas possession. In that case all you can do is contest the suit. You can continue to occupy the property till the court passes any order asking you to vacate the premises.