LAWS(SC)-2024-5-44

BAR OF INDIAN LAWYERS Vs. D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES

Decided On May 14, 2024
Bar Of Indian Lawyers Appellant
V/S
D. K. Gandhi Ps National Institute Of Communicable Diseases Respondents

JUDGEMENT

(1.) An important question of law pertaining to the Legal Profession as a whole that has fallen for consideration before this Court is - 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? In other words, whether a "Service" hired or availed of an Advocate would fall within the definition of "Service" contained in the C.P. Act, 1986/2019, so as to bring him within the purview of the said Act?

(2.) The present set of Appeals emanate from the impugned order dtd. 6/8/2007 passed by the National Consumer Disputes Redressal Commission (NCDRC), New Delhi in Revision Petition No.1392/2006, in which the NCDRC has held inter alia that if there was any deficiency in service rendered by the Advocates/Lawyers, a complaint under the Consumer Protection Act, 1986 (for short "CP Act, 1986") would be maintainable.

(3.) The short facts in C.A. No.2649/2009, arising out of the impugned order passed by the NCDRC are that: -