Consumer Protection Act Vs Lawyers


Consumer Protection Law provides protection against issues like fraud, non-delivery of services, low quality of work in terms of product and services. The Consumer Protection Act 1986 was enacted to provide a simple and quicker access to redressal of consumer grievances.



Now that the whole question revolves around if there was a deficiency in rendering services promised, for which the Lawyer received consideration in the form of a fee, then can the lawyers be proceeded against under Consumer Protection Act, 1986.

In its 2007 judgement the Commission held that advocates do come under the purview of the Consumer Protection Act and can be dragged to a consumer court by their clients for deficiency in-service. The judgement declared that the legal services rendered by a Lawyers would come within the ambit of Section 2(1)(o) of the Consumer Protection Act 1986 that defines “service”, making them liable under the law

Why can’t lawyers be sued for poor service if Doctors can be brought before consumer court for negligence? The Hon’ble Supreme Court raised this question whether a legal representative for a fee can be classified as a “service” under the Consumer Protection Act, 1986

Lawyers employ their skills and knowledge just like the Doctors does with his patients. So how it is different from a doctor?Undisputedly, Lawyers are rendering service and are charging the fee for the same. It cannot be clubbed under a contract for discharging personal service. Therefore, there is no reason to hold that they are not covered by the provisions of Consumer Protection Act, 1986, the Consumer Commission held in 2007 which was stayed by the apex Court in April 2009.


Arguing on behalf of the Appellants, senior Counsel Narender Hooda objected to the rationale of the judgement of 2007 as lawyers stand on a completely different footing including the doctors. The first duty of a lawyer is towards the court since he has to act as an officer of the court. There is no one to one relationship that a lawyer has with his clients and success of a case does not depend only on the skills of a lawyer but on the court itself.

Disagreeing to this argument bench said if a lawyer does not remain present in the court and an ex-parte


decree is passed and the lawyer does not even bother to inform his client, this tantamount to sheer negligence in service.
To this argument Senior Counsel said that there is already a mechanism under the Advocates Act to conduct an inquiry against the lawyers for misconduct.

Negligence and misconduct are two different concepts and moreover there are regulations under Medical Council Of India but still the doctors come under the ambit of Consumer Protection Act the Bench said.

Bench further said that the court can always decide and adjudicate whether it is professional misconduct or negligence.  Court has further held how lawyers and doctors are different in providing services.


 

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