Can a affected party, a plaintiff pursue his own case in the court and how
5 years ago
I have purchased an independent house in the fully built Silver Springs township, Indore. During the purchase process, an approach road/open space in the east in front of the unit was open for the last unit in my right side, till the end of the boundary wall in the south direction. Till I had paid the last due amount and final registry the open space/approach road to the south was open. But after completion of the final registry and possession of the house in my absence a wall and gate was constructed for the corner unit of my right side. Upon knowing it, I have sent an email etc to the builder and registered my dismay. Because of this illegal wall and gate bringing and taking out of my vehicle in my own enclosed parking became very difficult and it is not easy. Suppose if there would have been a wall and gate prior to my purchase I could have other available options and surely could have been avoided such unit. Secondly, the unit owner at my right side is the doctor and he as well as his visitors are parking their vehicles just in front of my house under the guise of parking their vehicles in the front their gate. The situation is very peculiar and it has practically ruined our easement.
In this situation, I had approached the advocates for the advice. I am ex-serviceman (ex-sailor) not having any knowledge of any law or courts. The first advocate to whom I had approached filled a suit in the Indore High Court. The Justice was outrightly about to reject the plea. But I was standing in front him with folded hands who glanced at me with questions, then I explained him in Hindi about my situation in brief. He paused for a while and told my advocate to pursue the under Municipal Corp Act with Indore Nagar Nigam and closed the case. Now this first advocate guided me to approach another advocate. The second advocate also charged me for making letter based on High Court Directions. Within one year the second sent three reminders with fees but there was no reply. Now the second advocate again filled a suit in the High Court based on first judgment and non-reply of the Indore Nagar Nigam. That case was heard. The case was held with the Justice for 5 days and after that, the Justice disposed of the case by stating to approach the lower court. The second advocate guided me to approach the third advocate of the District Court. He also charged me handsomely and before filing the case he collected 75% amount. Upon filing the case after 2-3 hearings under the pretext of some medical emergencies of his family he collected the remaining amount. Unfortunately, the advocate even could give me a copy of the case which I was repeatedly asking him. After a few months, his response was so dull and negative that he was avoiding me and even was not giving the dates. I feared about his behaviour/dealings. It may be isolated case about me, but in my case/experience with such advocates was not good hence I lost faith in them. So I was not having an option but to request him to leave my case. I have obtained the NOC and filed it the Court. I have applied for certified copies and received the same. Somehow I have understood the case and since then regularly appearing in the court for my case. Now that have changed a lot, as the Judge ordered to all respondent parties to file the WS, and out of that two respondents (the builder and my neighbour) already have filed the WS, T&CP have been declared as exparte, Nagar Nigam has been warned stringently.
I know the case with all minute to minutest level and that too well in detail. But now facing the problems of court procedures.
So, now, can I fight this legal battle without the advocate in the court?
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Coming to your writing, I failed to understand initially why you moved the high court when your right to remedy lied with the civil court or RERA against the builder.
Rajender Prasad
Responded 5 years ago
You can.
Shanti Ranjan Behera,Advocate
ARPIT BATRA
Responded 5 years ago
You can get justice if you approach a Civil Court by appointing any of the local advocate.
For full procedure contact me through Vidhikarya.