Complaint against Lawyers is maintainable under Consumer Protection Act
by Supreme Court:
Date:- 08.07.2015
NEW DELHI: - The Supreme Court on Monday stayed a ruling of the apex Consumer Forum
holding that services rendered by an advocate to his client in the course of
litigation be covered under the provisions of Consumer Protection Act.
A Bench comprising Justices L S Panta and B Sudershan Reddy stayed the
ruling of National Consumer Dispute 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 client for deficient service.
The appeals were filed by Bar Council 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 Devendra Kumar Gandhi had filed
a complaint before District Consumer Redressal Forum alleging deficiency of
service against his lawyer M. Mathai. The district forum on June 1, 2000, held
that lawyer liable and asked him to pay Rs. 3000/- as Compensation for mental
agony and another Rs. 1,000/- as cost.
On the appeal filed by the lawyer, the state commission reversed the
finding and said that lawyers were not liable to be proceeded against as the
services rendered by them did not come within the ambit of consumer law.
However, the NCDRC set aside the state commission’s verdict and held
that if there was deficiency in service rendered by lawyers; complaint under
Consumer Protection Act was maintainable against them.
Collected and Circulated in the Interest of Society for enhancing legal
awareness.
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