New Delhi: In a significant judgment, the Supreme Court on Tuesday said lawyers do not come under the purview of the Consumer Protection Act and cannot be sued for "deficiency in service" in consumer courts.
The top court said that a lawyer has a considerable degree of direct control over the manner in which he renders his services in the course of his employment.
It said the services hired or undertaken by a lawyer would be under a contract of "personal service" and, therefore, would be excluded from the definition of "service". A bench of Justices Bela M Trivedi and Pankaj Mithal said That the legal profession is unique and the nature of work is specific and cannot be compared with other professions.
The top court said that the object and purpose of the Consumer Protection Act 1986, re-enacted in 2019, was to provide protection to consumers from unfair trade practices and unethical trade practices, and the legislation was never intended to cover businesses or services.Presented by professionals within the scope of the said Act.
"A service rendered or obtained from an advocate is a service under 'a contract or personal service', and hence would fall within the exclusionary part of the definition of 'service' contained in section 2(42) of the Consumer Protection Act, 2019 A complaint alleging 'deficiency in service' against a lawyer practicing legal profession will not be maintainable under the Consumer Protection Act, 2019," the bench said, noting that the legal profession is not comparable to any other traditional profession. The bench said that it is not commercial in nature but is essentially service-oriented and noble profession.
“It cannot be denied that the role of advocates is indispensable in the justice delivery system.The development of jurisprudence to keep our Constitution alive is possible only with the positive contribution of lawyers. Advocates are expected to be fearless and independent in defending the Constitution. The right of citizens to maintain the rule of law and also to protect the independence of the judiciary.
"People have great faith in the judiciary, and the Bar being an integral part of the judicial system has been entrusted with a very important role in maintaining the independence of the judiciary and in turn the democratic system of the country. Lawyers are believed to That is, they are intellectuals among the elite and social workers among the underprivileged.“That is why they are expected to act in accordance with the principles of “Uberrima Fides” – utmost good faith, integrity, fairness and loyalty – when handling their client's legal proceedings.
The top court said that being a responsible officer of the court and an important facilitator of the administration of justice, an advocate has duties not only towards his client but also towards the court as well as the opposite party.
“The legal profession is also different from other professions for the reason that what lawyers do affects not only the individual but the entire administration of justice, which is the foundation of civilized society. I must remember that the legal profession is a serious and serious profession," it said. The National Consumer Forum's decision had said that legal services provided by lawyers would fall within the scope of Section 2(1)(o) of the 1986 Act.Section 2(1)(o) of the Act defines the term “service” to mean “a service of a description which is made available to potential users and includes the provision of facilities in connection with banking, but which including but not limited to finance, insurance, transport, processing, supply of electricity or other energy, board or lodging or both, construction of accommodation, entertainment, recreation or distribution of news or other information However, the apex court stayed the NCDRC's decision of 6 August 2007.
The top court said that a lawyer has a considerable degree of direct control over the manner in which he renders his services in the course of his employment.
It said the services hired or undertaken by a lawyer would be under a contract of "personal service" and, therefore, would be excluded from the definition of "service". A bench of Justices Bela M Trivedi and Pankaj Mithal said That the legal profession is unique and the nature of work is specific and cannot be compared with other professions.
The top court said that the object and purpose of the Consumer Protection Act 1986, re-enacted in 2019, was to provide protection to consumers from unfair trade practices and unethical trade practices, and the legislation was never intended to cover businesses or services.Presented by professionals within the scope of the said Act.
"A service rendered or obtained from an advocate is a service under 'a contract or personal service', and hence would fall within the exclusionary part of the definition of 'service' contained in section 2(42) of the Consumer Protection Act, 2019 A complaint alleging 'deficiency in service' against a lawyer practicing legal profession will not be maintainable under the Consumer Protection Act, 2019," the bench said, noting that the legal profession is not comparable to any other traditional profession. The bench said that it is not commercial in nature but is essentially service-oriented and noble profession.
“It cannot be denied that the role of advocates is indispensable in the justice delivery system.The development of jurisprudence to keep our Constitution alive is possible only with the positive contribution of lawyers. Advocates are expected to be fearless and independent in defending the Constitution. The right of citizens to maintain the rule of law and also to protect the independence of the judiciary.
"People have great faith in the judiciary, and the Bar being an integral part of the judicial system has been entrusted with a very important role in maintaining the independence of the judiciary and in turn the democratic system of the country. Lawyers are believed to That is, they are intellectuals among the elite and social workers among the underprivileged.“That is why they are expected to act in accordance with the principles of “Uberrima Fides” – utmost good faith, integrity, fairness and loyalty – when handling their client's legal proceedings.
The top court said that being a responsible officer of the court and an important facilitator of the administration of justice, an advocate has duties not only towards his client but also towards the court as well as the opposite party.
“The legal profession is also different from other professions for the reason that what lawyers do affects not only the individual but the entire administration of justice, which is the foundation of civilized society. I must remember that the legal profession is a serious and serious profession," it said. The National Consumer Forum's decision had said that legal services provided by lawyers would fall within the scope of Section 2(1)(o) of the 1986 Act.Section 2(1)(o) of the Act defines the term “service” to mean “a service of a description which is made available to potential users and includes the provision of facilities in connection with banking, but which including but not limited to finance, insurance, transport, processing, supply of electricity or other energy, board or lodging or both, construction of accommodation, entertainment, recreation or distribution of news or other information However, the apex court stayed the NCDRC's decision of 6 August 2007.
