Supreme Court: Lawyers’ Services Exempt from Consumer Protection Act
The Supreme Court clarified on Tuesday that legal services provided by lawyers are not subject to the Consumer Protection Act, and litigants cannot file claims of deficient service against advocates [Bar of Indian Lawyers v. DK Gandhi PS National Institute of Communicable Diseases and anr].
A Bench comprising Justices Bela M Trivedi and Pankaj Mithal emphasized that the legal profession is unique and cannot be equated with other professions.
The court highlighted the distinctive relationship between advocates and clients, noting that clients have direct control over advocates. Advocates must respect the autonomy of their clients and cannot make concessions without explicit instructions.
As a result, legal services fall outside the scope of the Consumer Protection Act, the court concluded, affirming that contracts for personal services are excluded from the Act’s definition of services.
Additionally, the court determined that its 1996 ruling in Indian Medical Association v. Shanta, which held medical professionals accountable under the Consumer Protection Act, would need to be reconsidered. This decision extended the Act’s coverage to the healthcare and medical sectors.
The court stated that the Consumer Protection Act aimed to safeguard consumers from unfair trade practices and did not necessarily intend to include professionals. Therefore, it deemed it necessary to revisit the IMA v. Shanta decision and recommended that the matter be referred to a larger bench by the Chief Justice of India.
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