After SCAORA, SCBA Decides To Intervene In Supreme Court Case Regarding Advocates' Liability Under Consumer Protection Act

Highlighting the impact of this matter upon all the advocates, the association has opted to intervene to assist the Court in 'laying down the correct law.'

The moot point being examined by the Top Court is whether services rendered by the lawyers are covered under Section 2 (o) of the Consumer Protection Act, which defines Service.

The appellant, Bar of Indian Lawyers, is, inter-alia, pleading that an Attorney-Client Relationship could not be equated with a Service Provider-Consumer Relationship. The matter is being heard before the Division Bench of Justices Bela Trivedi and Pankaj Mithal.

Yesterday, in its resolution dated February 15, the Supreme Court Advocates-on-Record Association also decided to intervene in the ongoing matter.

The resolution, notified by SCBA today (on February 16), states that the Advocates Act and Bar Council Acts govern Advocates. Further, the Bar Council Act, inter-alia, also provides for damages in appropriate cases. The association has also averred that lawyers, being the officers of the Courts, are engaged to assist Courts of law. Thus, they cannot be compared with other professionals like doctors who solely render services to patients.

This portion of the resolution reads as follows:

“As it is well known that Advocates in India are governed by Advocates Act and Bar Council Acts, the Bar Council Act provides complete mechanism for dealing with complaints against the lawyers and also provides for damages to be awarded in appropriate cases after adjudication.

Also, the lawyers being the officers of the Courts are engaged to assist Courts of law in unearthing the truth and provide justice to the disputing parties and lawyers are thus are not comparable with medical and other professionals who render services to their patients and customers. “

In this background, the association has resolved to file an intervention application.

“It is, therefore, discussed and resolved by the Executive Committee of Supreme Court Bar Association to file intervention application in Civil Appeal No.002446 of 2009; titled as Bar of Indian Lawyers Vs. D.K. Gandhi PS National Institute of Communicable Diseases.

Shri Shashank Shekhar, Member Executive has been authorized to file necessary application in this regard and the SCBA will assist the Hon'ble Court to protect the interests of the Advocates fraternity at large.”