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Bar of Indian Lawyers Vs DK Gandhi PS National Ins 240514 163844

The Supreme Court of India is considering whether complaints against advocates for 'deficiency in service' can be maintained under the Consumer Protection Act, 1986 as amended in 2019. The court expresses concern that including all professional services under this Act could lead to an overwhelming number of litigations, undermining the Act's purpose of timely dispute resolution. However, the court clarifies that professionals are still liable for misconduct or other legal grievances, regardless of this consideration.

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65 views3 pages

Bar of Indian Lawyers Vs DK Gandhi PS National Ins 240514 163844

The Supreme Court of India is considering whether complaints against advocates for 'deficiency in service' can be maintained under the Consumer Protection Act, 1986 as amended in 2019. The court expresses concern that including all professional services under this Act could lead to an overwhelming number of litigations, undermining the Act's purpose of timely dispute resolution. However, the court clarifies that professionals are still liable for misconduct or other legal grievances, regardless of this consideration.

Uploaded by

siddhant2726
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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2024 INSC 410 REPORTABLE

IN THE SUPREME COURT OF INDIA


CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2646 OF 2009

BAR OF INDIAN LAWYERS THROUGH


ITS PRESIDENT JASBIR SINGH MALIK …APPELLANT(S)

VERSUS
D. K. GANDHI PS NATIONAL INSTITUTE
OF COMMUNICABLE DISEASES AND ANR. …RESPONDENT(S)

WITH

C.A. NO. 2647 OF 2009

DELHI HIGH COURT BAR ASSOCIATION


THROUGH ITS PRESIDENT …APPELLANT(S)
VERSUS

D. K. GANDHI PS NATIONAL INSTITUTE


OF COMMUNICABLE DISEASES AND ANR. …RESPONDENT(S)

WITH

C.A. NO. 2648 OF 2009

BAR COUNCIL OF INDIA THROUGH


BY ITS SECRETARY MR. S. RADHAKRISHNAN …APPELLANT(S)

VERSUS
Signature Not Verified

RAVI ARORAD. K. GANDHI PS NATIONAL INSTITUTE


Digitally signed by
Date: 2024.05.14

OF COMMUNICABLE DISEASES AND ANR. …RESPONDENT(S)


14:57:17 IST
Reason:

1
WITH

C.A. NO. 2649 OF 2009

M. MATHIAS …APPELLANT(S)

VERSUS

D. K. GANDHI PS NATIONAL INSTITUTE


OF COMMUNICABLE DISEASES …RESPONDENT(S)

JUDGMENT

BELA M. TRIVEDI, J.

1. An important question of law pertaining to the Legal Profession as a

whole that has fallen for consideration before this Court is – whether a

complaint alleging “deficiency in service” against Advocates practising

Legal Profession, would be maintainable under the Consumer

Protection Act, 1986 as re-enacted in 2019? In other words, whether a

“Service” hired or availed of an Advocate would fall within the definition

of “Service” contained in the C.P. Act, 1986/2019, so as to bring him

within the purview of the said Act?

2. The present set of Appeals emanate from the impugned order dated

06.08.2007 passed by the National Consumer Disputes Redressal

Commission (NCDRC), New Delhi in Revision Petition No.1392/2006,

2
JUDGEMENT

19. One should also not lose sight of the fact that the
other object of the Act was to provide to the consumers
timely and effective administration and settlement of
their disputes. If the services provided by all the
Professionals are also brought within the purview of
the Act, there would be flood-gate of litigations in the
commissions/forums established under the Act,
particularly because the remedy provided under the Act
is inexpensive and summary in nature. Consequently,
the very object of providing timely and effective
settlement of consumers’ disputes arising out of the
unfair trade and unethical business practices would be
frustrated.

20. We may clarify at this juncture that we do not


propose to say that the professionals could not be
sued or held liable for their alleged misconduct or
tortious or criminal acts. In the process of overall
depletion and erosion of ethical values and
degradation of the professional ethics, the instances of
professional misconduct are also on the rise.
Undoubtedly, no professional either legal, medical or
any other professional enjoys any immunity from being
sued or from being held liable for his professional or
otherwise misconduct or other misdeeds causing legal,
monetary or other injuries to his clients or the persons
hiring or availing his services. The fact that

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