In a landmark decision on Tuesday, the Apex Court decreed that advocates cannot face litigation for substandard performance before consumer tribunals, and the provision of legal counsel in exchange for a fee cannot be categorized as a “service” under the Consumer Protection Act.
A panel consisting of justices Bela Trivedi and Pankaj Mithal overturned a 2007 ruling of the National Consumer Disputes Redressal Commission, which stipulated that the services provided by lawyers fall within the purview of Section 2 (o) of the Consumer Protection Act 1986.
The panel articulated that the judgment discerns between vocation and commerce, emphasizing that a professional demands a heightened level of erudition, expertise, and intellectual exertion. Furthermore, the triumph of a professional hinges on myriad variables that transcend their influence.
The panel contended that professionals cannot be equated with traders under the Consumer Protection Act. A comprehensive decree will be published later today.
Justice Trivedi, delivering the verdict on behalf of the panel, asserted that the court also expressed reservations regarding the ruling in Indian Medical Association v. VP Shantna, which established that physicians could be held accountable under the Consumer Protection Act, suggesting that it warrants reconsideration.
The commission had determined that if there was an inadequacy in fulfilling the promised services, for which lawyers received remuneration in the guise of a fee, then they could be subject to legal action under the Consumer Protection Act.