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2024 (5) TMI 881 - SC - Indian Laws


Issues Involved:
1. Whether a complaint alleging "deficiency in service" against Advocates practising Legal Profession is maintainable under the Consumer Protection Act, 1986/2019.
2. Whether the Legal Profession is sui generis.
3. Whether a service hired or availed of an Advocate could be said to be the service under "a contract of personal service."

Summary:

1. Maintainability of Complaint Against Advocates under Consumer Protection Act:
The Court examined 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 noted that the Consumer Protection Act was enacted to protect consumers from unfair trade practices and unethical business practices, and not to include the services rendered by professionals like Advocates. The legislative intention, as discerned from the history, objects, and reasons of the Act, did not aim to include professions within its purview. The Court concluded that the CP Act was designed to protect consumers in a market dominated by large trading and manufacturing bodies, not to regulate professional services.

2. Legal Profession as Sui Generis:
The Court recognized that the legal profession is unique and cannot be compared with other professions. It is a noble profession with a paramount duty towards the court, and Advocates are considered officers of the court. The legal profession is service-oriented, not commercial, and plays a critical role in the justice delivery system. The Court emphasized that the legal profession is distinct due to its role in upholding the rule of law and protecting the independence of the judiciary. Therefore, the legal profession is sui generis.

3. Service under "Contract of Personal Service":
The Court analyzed whether the service hired or availed of an Advocate could be considered under "a contract of personal service," which is excluded from the definition of "service" under the CP Act. The relationship between an Advocate and a client involves a considerable amount of control exercised by the client over the Advocate's actions. Advocates owe fiduciary duties to their clients and must follow the client's instructions rather than substitute their judgment. This relationship aligns more with a contract of personal service, thereby excluding it from the CP Act's definition of "service."

Conclusion:
The Court held that:
(i) The CP Act was not intended to include professions or the services rendered by professionals.
(ii) The legal profession is sui generis and cannot be compared with other professions.
(iii) Services hired or availed of an Advocate fall under "a contract of personal service" and are excluded from the CP Act's definition of "service."
(iv) A complaint alleging "deficiency in service" against Advocates is not maintainable under the CP Act, 2019.

The impugned judgment of the NCDRC was set aside, and the appeals were allowed accordingly.

 

 

 

 

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