The Supreme Court on Tuesday, while noting that professionals have to be treated differently from persons carrying out business and trade, ruled that advocates could not be held liable under the Consumer Protection Act 1986 (as re-enacted in 2019) for deficiency of services.
The Bench of Justice Bela Trivedi and Justice Pankaj Mithal further held that complaints against advocates alleging deficiency of services are not maintainable before the Consumer Forum.
Overruling a 2007 judgment of the National Consumer Disputes Redressal Commission, which held that services rendered by lawyers were covered under Section 2 (o) of the Consumer Protection Act 1986, the Bench noted that the judgment has distinguished profession from business and trade.
Reading out the operative part of the verdict, Justice Trivedi said that a professional required a high level of education, skill, and mental labour. The success of a professional was dependent on various factors, which were beyond their control. Therefore, a professional could not be treated at par with businessmen under the Consumer Protection Act.
Noting that the order in the Indian Medical Association vs VP Shantna (1995) 6 SCC 651, which held that doctors and medical professionals were liable under the Consumer Protection Act, required to be revisited, the Bench requested the Chief Justice of India to refer the VP Shanta judgment to a larger bench for reconsideration.