Advocates are not subject to liability under the Consumer Protection Act, as ruled by the Supreme Court.
The NCDRC’s 2007 verdict was challenged by various bar bodies, including the Bar Council of India, Delhi High Court Bar Association, and Bar of Indian Lawyers, as well as other individuals. The plea filed by these entities resulted in the recent judgement.The esteemed Supreme Court of India ruled that Advocates are not liable under the Consumer Protection Act.
The Consumer Protection Act 1986 does not hold advocates responsible for any deficiency of services, as ruled by the Supreme Court on Tuesday. Therefore, advocates are not susceptible to lawsuits for offering inadequate service in consumer courts.
Justices Bela M. Trivedi and Pankaj Mithal emphasized that the legal profession is distinct and specialized, making it incomparable to other professions.
The Bench emphasized that advocates must uphold the autonomy of their clients and are not authorized to make concessions without explicit instructions from the client, as doing so would exceed their authority. The client retains a significant amount of direct control over the advocate, leading us to conclude that the contract is a personal service and falls outside the scope of services covered by the Consumer Protection Act.
The judgment was delivered in response to a petition filed by various bar associations, including the Bar Council of India, Delhi High Court Bar Association, and Bar of Indian Lawyers, as well as other individuals who contested a 2007 ruling by the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC had determined that advocates and their services are subject to the provisions of the Consumer Protection Act, 1986.