Can Advocate Be Held Liable Under Consumer Protection Act? Supreme Court To Deliver Its Verdict Tomorrow

A Bench of Justices Bela Trivedi and Pankaj Mithal had heard the matter at length and reserved its judgment on February 26.

The issue, which is relevant for members of the Bar, emerged from a judgment delivered by the National Consumer Disputes Redressal Commission in 2007. The Commission had ruled that the services rendered by lawyers are covered under Section 2 (o) of the Consumer Protection Act. Needless to say, the said provision defines Service.

It was held that a lawyer may not be responsible for the favorable outcome of a case as the result/outcome does not depend on only the lawyer's work. However, if there was a deficiency in rendering services promised, for which he receives consideration in the form of a fee, then the lawyers can be proceeded against under the Consumer Protection Act.

Moreover, it was also opined that the contract between the client and a lawyer is bilateral. On receipt of fees, the commission said the lawyer would appear and represent the matter on behalf of his client.

It is against this order that the appeal was filed before the Supreme Court. Earlier, in 2009, the Top Court had stayed the impugned judgment of the Commission.

The matter was argued by a battery of lawyers contending that a lawyer is not just a mouthpiece for her client but is also an officer of the court. It was also stressed that a certain amount of immunity and independence is necessary for a lawyer while discharging his/ her duties as an Officer of the Court.

Senior Advocate V Giri, who was appointed as an amicus curiae in the matter, had also addressed the Bench at the last date of the hearing. Inter-alia, he had argued that once the lawyer, being the agent of his client, appears and acts on his behalf before the Court, then the same cannot be tantamount to a relationship between the service provider and service consumer.

The reports on the matter can be read here: Lawyers Appearing For Client In Courts Aren't 'Service Providers' As Per Consumer Protection Act, Says Amicus; Supreme Court Reserves Judgment

'Lawyers Function In An Environment Beyond Their Control' : SCAORA Urges Supreme Court To Not Apply Consumer Protection Act To Advocates

Advocates Can't Be Brought Under Consumer Protection Act Just Because Doctors Are, Both Professions Different: Argument Before Supreme Court

Lawyer Assisting A Sovereign Function, Can't Be Brought Under Consumer Protection Act : Argument Before Supreme Court

Can Advocate Be Held Liable Under Consumer Protection Act? Supreme Court Starts Hearing

Case Title: BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SIGH MALIK vs. D.K.GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES., Diary No.- 27751 - 2007