Lawyers not liable under Consumer Protection Act : SC

Hon'ble Supreme Court of India while giving relief to millions of Lawyer across stayed a ruling of Apex Consumer Forum which holds that services given by an Advocate to his clients during litigation fall under the ambit of consumer protection act

Lawyers not liable under Consumer Protection Act : SC
Hon'ble Supreme Court of India while giving relief to millions of Lawyer across stayed a ruling of Apex Consumer Forum which holds that services given by an Advocate to his clients during litigation fall under the ambit of consumer protection act.

A Bench comprising Justices L S Panta and B Sudershan Reddy stayed the ruling of National Consumer Disputes Redressal Commission (NCDRC), which was challenged by a large number of advocate bodies after lawyers raised a hue and cry over the prospect of being sued by clients for deficient service.

The appeals were filed by Bar of Indian Lawyers, Delhi High Court Bar Association and Bar Council of India. One of the lawyers' bodies represented by advocate Jasbir Malik argued that lawyers rendered legal assistance and not service to the clients.

One Devender Kumar Gandhi had filed a complaint before District Consumer Disputes Redressal Forum for deficiency of service against his lawyer M Mathai. The district forum on June 1, 2000, held the lawyer liable and ordered him to pay Rs 3,000 as compensation for mental agony and another Rs 1,000 as cost.

On appeal in the State Comission, the order of the District forum was set aside, however when the complainant filed appeal against the order of State Commission, the NCDRC gave it's verdict in favor of complainant and held that if there was deficiency in service rendered by lawyers, complaint under Consumer Protection Act was maintainable against them.

The order of Hon'ble Supreme Court is a big relief for millions of Advocates practicing across the nation. What do you think about this order ? Do you think Lawyers should made liable for any deficiency ? And whether they provide service or it is a legal assistance ? Do write in comments.
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It is a good Judgment. Lawyers do not sell goods. That they should be made laible for there duty.. lawyers do the best to protect their client. As their name and fame is related with it.

Please let me know the name of the case and citation.

Services... not goods

No one should be spared. Otherwise, doctors, mechanic, insurance agents etc will claim same thing. Law is equal for all. No priority for lawyers. No mechanism available to deter cheat advocates.

collusion of lawyers is the order of the day in india...if SC says they are protected what do i call this nation a fools parade and corrupts universe....

Yet another dark day for India

Lawyers should wrk sincerely for their clients
If any carelessness found on his part thn i think there should b some kind of check n balance provision in our law.

Already I am suffering from the one of senior advocate from karnataka high court. He took the money for my case. And he never went to court when arguments were going. Finally without any matter I lost my case. even I dint know when case was ordered. When I received the notice from opponent then I came to the condition.

Birds of same feathers always flap together...all judges in any court emerge basically from advocate profession.so no wonder in such biased decisions by judges(whether it is supr.couurt or any court)to protect their mother proffession.But, this is not a proper decision since there is a lot of deficiency in services being rendered by lawyers which is felt by the victim clients only and not by theses judges...

No obviously not lawyers should not be held liable

Right apporach decision. Advocates should perform their duty as best advocacy solely for their ciients.
VIRENDRA KUMAR BIHANI ADVOCATE

How anyone can even think lawyers to be covered by consumer protection act. The services rendered by a lawyer are not of commercial nature. Unlike doctor, a lawyer, being expert in law charge only for his knowledge. If any client is having any grievance against his or her lawyer, he or she is not remedyless. But services of a lawyer cannot be termed as consumer sort of services. There are numerous examples n instances which support my reasoning.

Dr. K.S. Gadkari

Good change in the thinking of the Supreme Court!
The argument is Lawyers only assist in giving legal advice, they are not giving service to the patient! With same thinking the doctors , Consultants also should be excluded from the ambit of consumer protection law. The basic assumption on which the medical fraternity works is we just advise the patient, "He" cures! (and if he does not want the patient is not cured in spite of all efforts and good care!) Lawyers are exempted saying they are not giving service , the doctors used to take pride in saying they are giving service to the society by working at charitable or Government hospital at time free of charge or for negligible compensation! The Supreme court gave a verdict saying even though you do not charge at Municipal / Government hospital ,still doctors can be tried under Consumer Protection act!
Now that the Supreme Court has changed the mind set all Doctors associations (like what all bar associations did) should come together (it seems the collective effort of bar associations made the difference) and request the Supreme court to remove it from clutches of Consumer protection act! As the law is equal for all, probably this Supreme court will accept the request of medical fraternity which is fighting against doctors being included under this law since its inception for the simple reason(like what lawyers claimed about their clients )no doctor will wish bad for his patient and puts his best effort to cure his patient. Any mishap or bad out come is unintentional, hence medical fraternity should also be excluded from the ambit of Consumer protection act. Like the lawyers claim people always had other means to address their legal incompetence issues, medical grievances also can approached at other forums.
Hope the Supreme Court will some day remove medical profession after some appeal or suo-moto on its own applying law of equality to all!
.. Dr. K. S. Gadkari

Case of a doctor n advocate is different....... how many of u deposit full fees on first day to lawyers.... I dont think there is any one.....how long the case goes on ....n any one can check his or her status of the case from ecourts web site from where he can track the performance of an advocate ..... but is there any method to check doctors .... n can u go for operation without depositing full fees in a hospital....dont compare advocacy wid any other profession ........ any one can change his advocate at any stage if he feels aggrieved....dont blame advocates.....its u who needs to check updates for ur case.

Case of a doctor n advocate is different....... how many of u deposit full fees on first day to lawyers.... I dont think there is any one.....how long the case goes on ....n any one can check his or her status of the case from ecourts web site from where he can track the performance of an advocate ..... but is there any method to check doctors .... n can u go for operation without depositing full fees in a hospital....dont compare advocacy wid any other profession ........ any one can change his advocate at any stage if he feels aggrieved....dont blame advocates.....its u who needs to check updates for ur case.

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