Lawyers services not covered under Consumer Protection Act: SC

NEW DELHI: The Supreme Court on Tuesday declared that services rendered by lawyers to their clients do not fall under the Consumer Protection Act.

A bench of Justices Bela M Trivedi and Pankaj Mithal held that advocates cannot be held liable for deficiency in services under the Consumer Protection Act, 1986, reenacted in 2019.

The top court said lawyers profession is sui generis, does not fall under Consumer Protection Act.

The bench also declared professionals cannot be treated at with those carrying out buisness and trade.

"Having regard to the nature of work of a professional, which requires a high level of education and training and proficiency, and which involves skill and specialised kind of mental work operating in specialised spheres, where actual success depends on various factors beyond one's control, a professional cannot be treated equally or at par with a businessman or a trader or a service provider of products or goods," Justice Trivedi said, reading out excerpts of the judgment.

The bench set aside a 2007 judgement by the National Consumer Disputes Redressal Commission which held that services rendered by the lawyers were covered under the Consumer Protection Act.

"There is nothing to suggest that the legislature ever intended to include professions or professionals within the purview of the Act," the bench said.

In his separate judgment, Justice Mithal concurred with the views expressed by Justice Trivedi.

The court also felt a previous judgment in case of Indian Medical Association Vs V P Shantna (1995) which held that the paid services rendered by the doctors and the medical professionals would fall under the ambit of the Consumer Protection Act, should be revisited by a larger bench. For this, the court ordered the registry to place the matter before the Chief Justice of India for setting up the larger bench.