News Excerpt:
The Supreme Court, in a judgement has declared that advocates cannot be sued by their clients under the Consumer Protection Act for deficiency of service.
Background of the case:
- The judgement came on a plea filed by the Bar bodies, such as Bar Council of India, Delhi High Court Bar Association and other individuals challenging a 2007 verdict of the National Consumer Disputes Redressal Commission (NCDRC).
- The court held that the legislature never intended to bring the services rendered by lawyers under the purview of the Consumer Protection Act, as re-enacted in 2019.
- It overruled a 2007 judgement of the NCDRC which held that the services provided by lawyers are covered under section 2(o) of the Consumer Protection Act 1986.
Observations of the Supreme Court:
- The court said the legal profession was ‘sui generis’ or unique in nature.
- Advocates could impact not only their individual clients, but also the entire society and administration of justice through the courts.
- They represent clients, whose disputes and troubles raise the ailments, shortcomings and what need to be repaired in society.
- Advocates are the medium through which important questions of law reach the court.
- They ensure that rule of law and administration of justice remain the foundation of the civilised society.
- The advocates are perceived to be the intellectuals amongst the elites and social activists amongst the downtrodden.
- This is the reason they are expected to act according to the principles of uberrima fides i.e., the utmost good faith, integrity, fairness and loyalty while handling the legal proceedings of his client.
SC on Trade vs Profession:
- The terms ‘business’ or ‘trade’ have a commercial aspect and cannot be used interchangeably with the term ‘profession’ which normally would involve some branch of learning or science.
- Profession as such would require knowledge of an advanced type in a field of learning or science, or learning gained by a prolonged course of specialised study.
- Professionals could not be called businessmen or traders, nor clients or patients be called ‘consumers’.
Can lawyers be sued for negligence:
- The advocates can be sued in the ordinary course of law for negligence or deficiency of service but they are not covered under the Consumer Protection Act.
- A service hired or availed of an advocate was one under “a contract of personal service”, and would be outside the definition of ‘service’ in Section 2 (42) of the Consumer Protection Act, 2019.
Prelims PYQ
Q. With reference to consumers rights/privileges under the provisions of law in India, which of the following statements is/are correct? (UPSC CSE 2012)
- Consumers are empowered to take samples for food testing.
- When a consumer files a complaint in any consumer forum, no fee is required to be paid.
- In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.
Select the correct answer using the codes given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
