Can Advocate Be Held Liable Under Consumer Protection Act? | Supreme Court | #alecforjudiciary
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Can Advocate Be Held Liable Under Consumer Protection Act?
BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SIGH MALIK vs. D.K.GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES., 2024
In a crucial development, the Supreme Court on tuesday (May 14) held that advocates cannot be held liable under the Consumer Protection Act 1986 (as re-enacted in 2019) for deficiency of services. The Court held that professionals have to be treated differently from persons carrying out business and trade.
A bench of Justices Bela Trivedi and Pankaj Mithal overruled a 2007 judgment of the National Consumer Disputes Redressal Commission which ruled that the services rendered by lawyers are covered under Section 2 (o) of the Consumer Protection Act 1986.
Justice Trivedi, reading out the operative part of the judgment, stated that the judgment has distinguished profession from business and trade. A professional requires high level of education, skill and mental labour; success of a professional is dependent on various factors which are beyond their control. Therefore, a professional cannot treated at par with businessmen under the Consumer Protection Act.
The bench also opined that the judgment in Indian Medical Association v. VP Shanta (1995) 6 SCC 651, which held that doctors and medical professionals can be held liable under the Consumer Protection Act, requires to be revisited. The bench requested the Chief Justice of India to refer VP Shanta judgment to a larger bench for reconsideration
The Court held that legal profession is “sui generis” in nature having regard to the nature and role of advocates and cannot be compared with other professions.
“sui generis”mean UNIQUE
As a corollary, the Court held that complaints against advocates alleging deficiency of services are not maintainable before the Consumer Forum.
Justice Trivedi clarified that the judgment does not propose to hold that advocates cannot be sued in ordinary courts of law.
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