The Supreme Court on Monday ruled that advocates cannot be held liable under the Consumer Protection Act for deficiency of services. The court held that professional cannot treated at par with businessmen under the Consumer Protection Act.
The court was dealing with the issue of whether advocates can be held liable under the Consumer Protection Act for deficiency of services. The court ruled that complaints against advocates alleging deficiency of services cannot be taken to Consumer Forum.
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A Bench of Justices Bela Trivedi and Pankaj Mithal said that professional requires high level of education, skill and mental labour and the success of a professional is dependent on various factors which are beyond their control. The court had reserved verdict on February 26.
The issue stems from a National Consumer Disputes Redressal Commission verdict delivered in 2007. The Commission ruled that the services rendered by lawyers are covered under Section 2 of the Consumer Protection Act. The top court today overturned this verdict.
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The consumer court held that a lawyer may not be responsible for the favorable outcome of a case as the result does not depend only on the lawyer's work. However, the court also said that in case the service provided by lawyer is not at par with the services promised against a set amount of fees, then the lawyers can be held liable under the Consumer Protection Act.
The commission noted that the contract between lawyer and his client is bilateral and the lawyer appears for client in return for fee paid.
In 2009, the Supreme Court had stayed the verdict by the commission.
It was contended that a lawyer is not just a mouthpiece for her client but is also an officer of the court and a certain level of immunity and independence is necessary for a lawyer.