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HComplain to the Police. After putting them in jail, police will beat the shit out of them and make them delete the pics.HThese are two distinct legal proceedings. Unless the High Court issues an order staying the lower court proceedings, the lower court proceedings can proceed as scheduled.HYou will need to hire an advocate and reply to the notice. If they file a case, you will have to defend it. But other side won’t have any case. If they made cash payments, they will not be able to prove it in court. And who even makes payments over 5 years? And if they were buying property from your mother why did they never meet her before? Why are they only coming forward to meet your mother now after your uncle died? It is most likely a scam. People try their luck by filing false cases and dragging it out. What they hope to do is maybe secure some interim order to pressurize you or drag the matter on to make you fed up and want to settle by paying some amount to them.HIt is quite unfair of you to blame judges for making comments during a hearing. In a court case, there are a lot of exchanges between the lawyer and the judge, and only a small part of it forms part of the order passed by the Court. What is of importance is the order that gets passed by the court. Take the Allahabadia case for example. Judges made comments during the hearing but ultimately gave him the relief he asked for. While they expressed their opinion that what the guy said was crap, it did not affect the judgment passed. He was granted bail. Most social media only focus on the remarks made orally by the Court without focusing on the fact that the main relief sought i.e. bail, was granted.HWhy are you named accused if you are a victim? Seems suspicious. But if you have been named an accused in the FIR and are a victim instead, then you need to go for a quashing petition under S. 528 of BNSS / S.482 of CrPC before the High Court. Also, it is best to apply for anticipatory bail in the matter.
Also, get copy of FIR, complaint, investigation report etc. from the police and prepare a detailed response along with copy of all relevant evidence supporting your case and submit it to the Police.
Separately, make representations to the bank & investigating agency explaining the situation and request them to unfreeze your account. If that does not work, find out the provision of law under which the account is frozen and you will have to take legal steps to challenge it.
HHow did the bank conduct auction without taking possession of the property?? Did you guys not check the property you were buying before making payment? In any event, the bank was required to take possession of the property prior to auctioning it. Check the exact terms & conditions of the auction mentioned in auction notice and file a case against the bank to deliver peaceful possession of the property or to pay back the full amount with interest. Frankly speaking you guys should have done necessary due diligence before buying property in auction from bank.HYou should stop arguing on this if you don’t know what you are talking about. You did not read past the 1st headnote of the judgment shared by me or you would not be saying this. Also, fraud is a criminal offence and a consumer court has no criminal jurisdiction to entertain standalone allegations of fraud / cheating. If you want to allege fraud or cheating then file Police Complaint and not consumer complaint. Consumer Court’s jurisdiction is limited to “deficiency in service” and “unfair trade practice”, and the complainant must be a “consumer” in relation to “goods” or “services”. The judgment I have shared holds that a client is not a consumer and the legal services provided by an advocate do not fall within the definition of services under the consumer protection act. Hence,Also, your example of medical professional is the worst example you could have given because they are covered by Indian Medical Association V. VP Shantha judgment which is mentioned in your ChatGPT response. After the judgment which I had shared was passed by Supreme Court, VP Shantha judgment was also challenged in view of the recent judgment and Supreme Court refused to entertain the challenge. That is why medical professionals can still be sued in consumer court.
And did you even read Section 35 of Advocates Act before asking me to?? That section deals with professional misconduct and punishment by disciplinary committee. It has got nothing to do with Consumer Protection Act.
HYou cannot approach the court with unclean hands. If the money was given for an illegal purpose it does not constitute a valid contract and is not recoverable in Court.HI am curious if this is a response generated from ChatGPT or other AI?? Definitely seems like it.Just keep in mind that you can’t do consumer case against advocate. There is a recent supreme court judgment of 2024 that says services provided by legal professional do not fall within “services” under consumer protection act. You will have to pursue remedies under the advocates act against a lawyer.
HI doubt it is eviction suit, because tenant would have to deposit rent in court (if amount is disputed) or pay it in full to even contest the eviction suit. I guess this must be property ownership dispute and OP was not in possession of the property and now wants to claim rent for the period other side wrongly occupied the property. Based on these assumptions he would need to go for Mesne Profit Application.
