ORDER ON MEMO
The complainant filed memo stating that, there is no any deficiency in service by the Op’s institution already the Op’s institution has announced the results of ANM Training and apart from that, she had no information about all the matters which have been stated in this complaint personally. Further it is contended that, she had decided to join the Karnataka State Nursing Council after obtaining her transfer certificate and other certificates from the Op’s institution. Therefore, under the above circumstances she decided to withdraw the complaint unconditionally and sought for dismissal of the same.
2. The counsel for complainant filed his objection to the said memo stating that, his vakalat may be continued as per Order III Rule 4(2) of CPC as it directs the Advocate’s position until retirement from the case or till its end. Further he contended that, Advocacy is not a guest appearance he has filed complaint and vakalat duly signed by the complainant, he has not at all received single rupee as a fee or the court expenditures ever before this day the complainant received scholarship after filing the complaint it shows her success in one of relief after filing this case even also she has not paid any fee. This is his profession he depends upon the fee if such attitude are continued relationship between Advocate and client will become judicial havoc. Further it is contended that, after filing the memo by the complainant he holds no good or any part in continuing the proceedings in order to protect the professional ethics, however he has incurred a sum of Rs.2000/- for filing expenditure and professional charges of Rs.5000/- which totally amounts to Rs.7000/- shall be paid by the complainant. Hence, asked this forum to direct the complainant to make the payment.
3. Argument heard.
4. The point that arise for our consideration is:
“Whether the counsel appearing for complainant is entitled to recover
a sum of Rs.7000/- by the complainant as sought in his objection ?
6. Our finding on the above point in the negative for the following.
REASONS
We have perused the memo wherein the complainant clearly admits that, there is no any deficiency in service on the part of the Op’s institution further she also contended that, she has received back all the documents and intended to join the Karnataka State Nursing Council and further it has contended that, she has decided to withdraw the complaint unconditionally and sought for the dismissal of the same. Under the above circumstances, we do not find any reasons to believe that, the complaint should be continued when the complainant-herself has showed her disinterest in continuation of the complaint before this forum. No doubt, the counsel has field objection contending that, he has not received any fee in respect of the present complaint filed on behalf of the complainant and sought for to continue his vakalat till the payment of amount. Of course the counsel one who has appeared for any client before any court he is entitled to receive his legal fee and also entitled to recover expenses pertaining to the case is concerned, in case if the clients have not paid any legal fee to the counsel then, the counsel has got power to file recovery suit before the competent court of law, In the present case if at all the counsel appearing for complainant is not received any fee and expenses that is Rs.7000/- by the complainant as sought in his objection then the counsel is entitled to recover the same from the competent court of law by filing a suit for recovery and also entitled to recover damages also. In our view, this forum has no authority to decide the question of giving and taking of fee as it is barred by jurisdiction of this forum. Hence we have rejected the claim of the counsel who is appearing for complainant. Accordingly we pass the following:
ORDER
In view of the memo filed by the complainant, the complaint of the complainant is hereby dismissed as not pressed.
No order as to cost.
