The biggest difficulty in challenging a developer is the lack of financial support with already suffering home buyers. It’s been observed that even if a determined buyer win cases in forums like NCDRC, they often give up the fight if challenged in Supreme Court. The biggest reason for the same is expensive lawyers and lengthy process in Supreme Court.
However, now with the help of the Supreme Court Legal Aid Society, the cost of litigation can be brought down significantly. The initial fee is capped at 500/- only
Supreme Court Middle Income Group Legal Aid Society (MIG)
Now, it is easier for the middle and relatively lower income group to avail and enjoys the legal services of the country. The Hon’ble Supreme Court of India has introduced the Middle Income Group Scheme. It is a self-supporting scheme which provides legal services to the middle-income group citizens i.e. citizens whose gross income is not exceeding Rs.60, 000 per month or Rs. 7, 50, 000 per annum.
The litigant will have an option to pay just 500 and he can fill the name of up to three lawyers enrolled under society, to take up his matter.
Fee to be paid
A sum of Rs.500/- shall be payable to the Supreme Court Middle Income Group Legal Aid Society (SCMIGLAS) as service charges. At the stage of admission of case, a sum of Rs.750/- in addition to the service charges is required to be deposited with the Society.
In the event of the learned Advocate taking the view that the case is not fit one for an appeal to the Supreme Court, then the entire amount after deduction Rs.750/- towards minimum service charges of the Committee shall be refunded to the applicant by way of cheque.
AOR / Lawyer Fee, Fixed by the Society
On the assigning of a case to an Advocate under the Scheme, the intending litigant will be directed to deposit with the Society the fee and expenses as per schedule as assessed by the Secretary. The payment to the Advocate or the service charges payable to the Scheme as stated in the schedule shall be in cash or bank draft.
The Advocate-on-Record shall submit his bill on the basis of the amounts prescribed in the schedule with regard to printing, Court fee and his appearance fee along with a copy of the filing memo in token of a proof of filing the Petition / Appeal for which the claim is made. The Advocate will inform the Society about the admission of any matter so that the client can be requested to pay the fee for processing the Appeal, without which information it will not be possible for the Committee to recover the amount from the client and pay to the Advocate on hearing of the case. The fee to the Advocate in a regular matter shall be made on receipt of a bill from the Advocate at the time of the conclusion of the final hearing of the matter.
Fee Structure for additional services
|APPEARING ON BEHALF OF PETITIONER|
|drafting and filing SLP /Writ Petition/ including list of dates and miscellaneous application||Consolidated Rs.10,000/-|
|drafting and filing transfer petition including list of dates etc||Consolidated Rs.5,000/-|
|hearing of the matter at final disposal stage inclusive of adjournment||Rs.3000/- per day upto a maximum of Rs.9000|
|APPEARING ON BEHALF OF THE RESPONDENT|
|drafting counter affidavit/ statement of objection and all other necessary application||Consolidated Rs.5,000/-|
|hearing of matter at final disposal stage including adjournment||Rs.3000/- per day upto a maximum of Rs.9000|
|FOR SENIOR ADVOCATES|
|settlement of SLP /Writ Petition / Transfer Petition/Counter affidavit/Rejoinder Affidavit/Statement of objection including conference||Consolidated Rs.2,000/-|
|appearance at the admission stage / after notice.||Rs. 5000/- per appearance upto a maximum of Rs.10,000/-|
|appearance at final disposal/appeal stage.||Rs. 7000/- per appearance upto a maximum of Rs.14,000/-|
Process to seek service
Every person who desires to avail of the services of an Advocate empanelled under the Scheme will have to approach the Secretary of the Scheme by filing an application in the prescribed form annexed hereto along with the relevant documents.
As soon as the papers are received they would be assigned to the Advocate-on-Record of the choice indicated by an applicant upon his request under the scheme. In case the learned Advocate after perusing them opines that this is not a fit case for leave to appeal to the Supreme Court, in that view of the matter the applicant will not be entitled to be benefit of the Scheme. If the learned Advocate-on-Record after examining the matter is satisfied that it is a fit case to be proceeded with, then the Middle Income Group Legal Aid Society will proceed to take the view that an applicant is entitled to legal aid. The view expressed by the Learned Advocate-on-Record will be final in so far as the eligibility of the applicant for obtaining the benefit of the Scheme is concerned.
Choice of lawyers
The applicant may indicate any 3 names both in relation to the Advocate-on-Record or the arguing Counsel or the Senior Counsel as the case may be in the order of preference from out of the panel maintained by Society. The Society would attempt to honor the choice indicated. However, the final right to assign the papers of the applicant under the Scheme to any Advocate-on-Record or the arguing Counsel or Senior Counsel will remain with the Supreme Court Middle Income Group Legal Aid Society.
What documents are required from the litigants in approaching the Supreme Court?
The applicants are required to submit the applications forms to the MIG Society along with full documentations. For instance, if he/she seeks to file an appeal against the order of the High Court, he/ she is required to submit a certified copy of the order of the High Court, Petition copy filed by him/her in the High Court, copies of the Lower
Court judgments/order and other relevant documents. If these are in a language other than English, please try and send translated copies.
What if the lawyer appointed is negligent?
if the Advocate who is appointed under the Scheme is found negligent in the conduct of the case entrusted to him, then he will be required to return the brief together with the fee which he may have received from the applicant under the scheme. Further, the Society will not be responsible for the negligent conduct of the case but the entire responsibility will be that of the Advocate vis-a-vis the client. The name of the Advocate will, however, be struck off from the panel prepared under the Scheme.
Technical details: http://supremecourtofindia.nic.in/mig.htm
Note: This scheme is not exclusive for Real Estate matters but we have interepreted this for our viewers benifits.