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Delhi High Court bars unauthorised non lawyers from appearing before Consumer Courts [Read Order]

By Saket Sourav      27 December, 2024 06:16 AM      0 Comments
Delhi HC Bars Unauthorized Non-Lawyers from Representing in Consumer Courts

New Delhi: The Delhi High Court has issued significant directions prohibiting unauthorized non-lawyers from representing parties before consumer courts, addressing growing concerns about legal representation in consumer disputes.

Delhi HC Enforces Strict Rules on Legal Representation in Consumer Courts

Justice Sanjeev Narula heard a petition filed by practicing advocates registered with the Bar Council of Delhi, who highlighted systemic issues regarding representation by non-advocates, agents, representatives, and social organizations before Consumer Courts.

The petitioners argued that a concerning trend had emerged where non-advocates were appearing before Consumer Courts without proper authorization, violating the Consumer Protection (Procedure for Regulation of Allowing Appearance of Agents or Representatives or Non-Advocates or Voluntary Organizations before the Consumer Forum) Regulations, 2014.

Non-Lawyers Banned: Delhi HC Ensures Compliance with Advocates Act

The Court examined a specific instance where an advocate had delegated core professional responsibilities to a non-advocate through an authority letter, including powers to sign documents, receive communications, and argue cases. Justice Narula found this practice fundamentally inconsistent with the Advocates Act, 1961, which exclusively reserves these functions for enrolled advocates.

The Court issued several key directions, including mandating all Consumer Commissions in Delhi to ensure representation strictly as per the regulations. The practice of allowing non-advocates to appear based on authority letters from advocates was explicitly prohibited with immediate effect.

Additionally, the Court ordered the State Dispute Redressal Commission and District Dispute Redressal Commissions to provide details of pending cases involving representation by non-advocates. The Bar Council of Delhi and the Bar Council of India were directed to submit their comments on these issues through counter affidavits.

The matter has been scheduled for the next hearing on March 18, 2025.

Advocates Mr. Rahul Sharma, Mr. Vaibhav Singh, Ms. Akanksha Singh, Ms. S. Surender, and Mr. Aniket Tomar appeared for the petitioners.
Mr. Anuj Aggarwal appeared as ASC with Mr. Yash Upadhyay, Mr. Siddhant Dutt, and Ms. Ishita Panday for Respondents 1 & 5.
Mr. T. Singhdev, along with others, appeared for Respondent 2.

Case Title: Anuj Kumar Chauhan And Anr. vs. Lieutenant Governor NCT of Delhi And Ors.

 

[Read Order]



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Saket is a law graduate from The National Law University and Judicial Academy, Assam. He has a keen ...Read more

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