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Q.Can a affected party, a plaintiff pursue his own case in the court and how

Q. Can a affected party, a plaintiff pursue his own case in the court and how

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Anonymous

posted 4 months 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?
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A. Dear client you can approach a Civil Court by appointing any of the local expert advocate for filing complaint under RERA.

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Deepak Bade

Experience: 9 Year(s)

Responded 3 months ago

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A. Yes you can with the leave of the court however it is advisable to engage a lawyer as you being a layman might not be well versed with the proceeding of the court. If you unable to find one, you can contact Vidhikarya to allot a local lawyer to take up your case.

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.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 4 months ago

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Anonymous

Replied 4 months ago

Illegality committed by the builder and my neighbour by encroaching township's open space and thereby inflicting physical difficulties on me and on my family, I contacted both, the builder and my neighbour by verbal request, email and by the registered letter. Both ignored my plea. I am being an ex-defence person (sailor) was not knowing even an iota of the law and legal implications. Then contacted the lawyer and on his advice, I had to agree and act. Because of this reason filled a writ petition before MP High Court, Indore Bench.

Unfortunately, by bribing the administrative authority, the Builder has managed the backdated "The Completion Certificate" in 2013 itself, so RERA is not applicable. But now I have approached the Indore District Court (Civil suit).
I actually, it is my experience that my representing advocate was initially very active, simultaneously he managed to collect his complete fees from me and then he started neglecting the case and was not even entertaining my queries. Even he was forgetting the hearing dates for which my case was about to dismiss. How to get rid off from this engaged advocate was a little difficult as I was not aware of NOC etc. By seeing and sensing these difficulties I started appearing on hearing dates, but the judge was not entertaining me without the appearance of my advocate. The judge asked me to submit the NOC from my advocate. By seeing that, my advocate gave me NOC, since then on every hearing there is some outcome even got WS from three respondent, one respondent (T&CP) got declared an exparte, Municipal Corporation is being warned sufficiently and maybe there would be some decision on the forthcoming hearing date. Because of these peculiar reasons asking any advocate to appear for the hearing is avoided

Generally, the trial judges don't expect the victim to appear and even don't respond to him. So it is better to appear self and pursue the case for fast processing. Therefore, myself is appearing for the case, which is comparatively moving fast.

Is it okay, if any lawyer instead of appearing on behalf of me in the court, he guides me out of court on ongoing hearing? I will able to provide all the day to day happenings to him based on that he will assist me?

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A. Dear Sir, pl. comply with the advice of my learned advocate colleages. For details contact some advocate through vidhikarya.com

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Rajender Prasad

Experience: 5 Year(s)

Responded 4 months ago

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A. Dear Client,
You can.
Shanti Ranjan Behera,Advocate

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 4 months ago

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A. Kindly engage a local expert lawyer to represent you in the Lower court.

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ARPIT BATRA

Experience: 11 Year(s)

Responded 4 months ago

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A. Dear Sir,
You can get justice if you approach a Civil Court by appointing any of the local advocate.

For full procedure contact me through Vidhikarya.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

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