Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • “Mera Hukum Hai Room Aao Jaldi”: Ravindra Jadeja’s Insta Banter With Wife Rivaba Goes Viral
    “Mera Hukum Hai Room Aao Jaldi”: Ravindra Jadeja’s Insta Banter With Wife Rivaba Goes Viral Sports
  • Access Denied
    Access Denied Nation
  • Access Denied
    Access Denied Nation
  • To Rahul Gandhi’s “Not Hindus” Jab At BJP In Lok Sabha, A Response From RSS
    To Rahul Gandhi’s “Not Hindus” Jab At BJP In Lok Sabha, A Response From RSS Nation
  • Israel-Hamas war | 1,500 bodies of Hamas militants found around Gaza strip, says Israel Army
    Israel-Hamas war | 1,500 bodies of Hamas militants found around Gaza strip, says Israel Army World
  • “I’d Keep My Mouth Shut”: England Great Alastair Cook On Yashasvi Jaiswal Sledging Mitchell Starc
    “I’d Keep My Mouth Shut”: England Great Alastair Cook On Yashasvi Jaiswal Sledging Mitchell Starc Sports
  • Access Denied Sports
  • U.S. President Donald Trump may meet China President Xi Jinping during visit to South Korea in October
    U.S. President Donald Trump may meet China President Xi Jinping during visit to South Korea in October World
Advocates Can’t be Held Liable For Deficiency In Service: Supreme Court

Advocates Can’t be Held Liable For Deficiency In Service: Supreme Court

Posted on May 14, 2024 By admin


The court was dealing with “deficiency in service” under the Consumer Protection Act.

New Delhi:

The Supreme Court on Tuesday ruled that the complaint alleging “deficiency in service” against advocates would not be maintainable under the Consumer Protection Act (CP Act) as it noted that the legal profession is unique in nature and cannot be compared with any other occupation.

A bench of Justices Bela M Trivedi and Pankaj Mithal said this while setting aside the National Consumer Disputes Redressal Commission decision.

“Thus, a considerable amount of direct control is exercised by the Client over the manner in which an Advocate renders his services during the course of his employment,” the court said.

“All of these attributes strengthen our opinion that the services hired or availed of by an advocate would be those of a contract ‘of personal service’ and would therefore stand excluded from the definition of “service” contained in Section 2(42) of the CP Act, 2019. As a necessary corollary, a complaint alleging deficiency in service against advocates practising the legal profession would not be maintainable under the CP Act, 2019,” the court said,” the court said.

The court observed that the very purpose and objective of the Consumer Protection Act 1986, as re-enacted in 2019, was to provide protection to consumers from unfair trade practices and unethical business practices, and the Legislature never intended to include either the Professions or the services rendered by professionals within the purview of the said Act.

“The legal profession is sui generis i.e. unique in nature and cannot be compared with any other Profession,” the court said.

A service hired or availed of an Advocate is a service under “a contract of personal service,” and therefore would fall within the exclusionary part of the definition of “Service” contained in Section 2 (42) of the CP Act 2019, the court remarked.

The Supreme Court set aside the National Consumer Disputes Redressal Commission.

The top court was hearing a set of appeals emanating from the impugned order dated August 6, 2007 passed by the National Consumer Disputes Redressal Commission (NCDRC), Delhi in Revision Petition, in which the NCDRC has held, inter alia (among other things), that if there was any deficiency in service rendered by the Advocates/Lawyers, a complaint under the Consumer Protection Act, 1986, would be maintainable.

The court was dealing with a question of law pertaining to the legal profession as a whole – 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?

The court was dealing with issue whether a “service” hired or availed of an Advocate would fall within the definition of “service” contained in the CP Act, 1986-2019, so as to bring him within the purview of the said Act.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:Advocates deficiency in service, Consumer Protection Act, Supreme Court

Post navigation

Previous Post: Pakistanis Own Properties Worth $12.5 Billion In Dubai: Report
Next Post: Fierce battles rage across Gaza Strip as U.S. calls for truce, post-war plan

Related Posts

  • Teen Jumps In Front Of Metro Train At Noida Station, Hospitalised: Police
    Teen Jumps In Front Of Metro Train At Noida Station, Hospitalised: Police Nation
  • Peacock Spider, Found Two Years Ago, At High Risk Of Extinction
    Peacock Spider, Found Two Years Ago, At High Risk Of Extinction Nation
  • No Unusual Surge In Influenza-Like Cases, Says India Amid China HMPV Spread
    No Unusual Surge In Influenza-Like Cases, Says India Amid China HMPV Spread Nation
  • Access Denied
    Access Denied Nation
  • Ukraine Launched Overnight Drone Attack, Says Russia Amid Raging War
    Ukraine Launched Overnight Drone Attack, Says Russia Amid Raging War Nation
  • Access Denied
    Access Denied Nation

More Related Articles

On Digvijaya Singh’s “Dramatic” Jab, Shivraj Chouhan’s Retort On Digvijaya Singh’s “Dramatic” Jab, Shivraj Chouhan’s Retort Nation
Jagan Reddy Has Not Transferred My Share In Family Asset, Says Sister YS Sharmila Jagan Reddy Has Not Transferred My Share In Family Asset, Says Sister YS Sharmila Nation
Chopper Rescues 6 Tamil Nadu Fishermen Stranded For 36 Hours Chopper Rescues 6 Tamil Nadu Fishermen Stranded For 36 Hours Nation
Citizenship Amendment Act – Does CAA Put Any Restrictions On Muslim Migrants? What Government Said Citizenship Amendment Act – Does CAA Put Any Restrictions On Muslim Migrants? What Government Said Nation
Access Denied Access Denied Nation
BJP’s Plan For Maharashtra Polls BJP’s Plan For Maharashtra Polls Nation
SiteLock

Archives

  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Watch: Congress ends suspense: V. D. Satheesan to be next Kerala CM | Above the Fold | 14.05.2026
  • IPL 2026 | A win against LSG will do a world of good for CSK
  • Karnataka maps 86.37% electors with family linkage in draft voter roll exercise; Bengaluru continues to trail State average
  • Vessel seized off UAE’s Fujairah and heading toward Iranian waters, UKMTO says
  • New govt should implement existing welfare schemes, says Congress MP

Recent Comments

  1. CordellVoice on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. Wesleyunfix on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. JasonDag on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. JamesHeR on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. RafaelNar on UP Teacher Who Asked Students To Slap Muslim Classmate
  • India vs Pakistan: Virat Kohli Taunts Mohammad Rizwan Over Time Wasting. Clock Gesture Goes Viral During Cricket World Cup 2023 – Watch
    India vs Pakistan: Virat Kohli Taunts Mohammad Rizwan Over Time Wasting. Clock Gesture Goes Viral During Cricket World Cup 2023 – Watch Sports
  • North Korea’s Kim Jong Un takes his daughter on tank ride during army training
    North Korea’s Kim Jong Un takes his daughter on tank ride during army training Nation
  • Royal Children Celebrate Prince William On Father’s Day
    Royal Children Celebrate Prince William On Father’s Day World
  • Bhagwant Mann Amid Growing Tensions With Punjab Governor
    Bhagwant Mann Amid Growing Tensions With Punjab Governor Nation
  • “Not Won Trophy For 18 Years”: RCB Sent Message As Rajat Patidar Takes Captaincy Over Virat Kohli
    “Not Won Trophy For 18 Years”: RCB Sent Message As Rajat Patidar Takes Captaincy Over Virat Kohli Sports
  • Manchester United Target Ruben Amorim Says ‘Nothing Decided Yet’
    Manchester United Target Ruben Amorim Says ‘Nothing Decided Yet’ Sports
  • Delivery Agent To Man Who Ordered Biryani
    Delivery Agent To Man Who Ordered Biryani Nation
  • Himachal Chief Minister Sukhvinder Singh Sukhu
    Himachal Chief Minister Sukhvinder Singh Sukhu Nation

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.