Hon'ble Supreme Court of India while giving relief to millions of Lawyer across stayed a ruling of Apex Consumer Forum which holds that services given by an Advocate to his clients during litigation fall under the ambit of consumer protection act.
A Bench comprising Justices L S Panta and B Sudershan Reddy stayed the ruling of National Consumer Disputes 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 clients for deficient service.
The appeals were filed by Bar of 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 Devender Kumar Gandhi had filed a complaint before District Consumer Disputes Redressal Forum for deficiency of service against his lawyer M Mathai. The district forum on June 1, 2000, held the lawyer liable and ordered him to pay Rs 3,000 as compensation for mental agony and another Rs 1,000 as cost.
On appeal in the State Comission, the order of the District forum was set aside, however when the complainant filed appeal against the order of State Commission, the NCDRC gave it's verdict in favor of complainant and held that if there was deficiency in service rendered by lawyers, complaint under Consumer Protection Act was maintainable against them.
The order of Hon'ble Supreme Court is a big relief for millions of Advocates practicing across the nation. What do you think about this order ? Do you think Lawyers should made liable for any deficiency ? And whether they provide service or it is a legal assistance ? Do write in comments.
A Bench comprising Justices L S Panta and B Sudershan Reddy stayed the ruling of National Consumer Disputes 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 clients for deficient service.
The appeals were filed by Bar of 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 Devender Kumar Gandhi had filed a complaint before District Consumer Disputes Redressal Forum for deficiency of service against his lawyer M Mathai. The district forum on June 1, 2000, held the lawyer liable and ordered him to pay Rs 3,000 as compensation for mental agony and another Rs 1,000 as cost.
On appeal in the State Comission, the order of the District forum was set aside, however when the complainant filed appeal against the order of State Commission, the NCDRC gave it's verdict in favor of complainant and held that if there was deficiency in service rendered by lawyers, complaint under Consumer Protection Act was maintainable against them.
The order of Hon'ble Supreme Court is a big relief for millions of Advocates practicing across the nation. What do you think about this order ? Do you think Lawyers should made liable for any deficiency ? And whether they provide service or it is a legal assistance ? Do write in comments.
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ReplyDeleteApex court appears biased towards judicial fraternity which was very apparent during rescent conflict with police, dares Not to get out of collegium system but desires to change all other system???
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