The Supreme Court dealt with the scope of “service” under Section 2 (42) of Consumer Protection Act, 2019 in relation to the legal profession. The dispute arose from complaints file against advocate alleging deficiency in service against lawyers, questioning whether legal services fall within the Act.
The issue before this court was whether service rendered by advocates to their client consider “service” under Section 2(42) or whether they fall within the exclusion of a “contract of personal service”, thereby barring consumer complaints.
The court held that legal profession in sui generis and different from commercial and business activities covered under the Act. It is observed that an advocate owes duties not only towards client but also to the court and justice system which involves fiduciary duty and professional independence and concluded that the advocate-client relationship service constitutes a “contract of personal service” and therefore excluded from the definition of
“service”. Accordingly, complaint against advocates for deficiency in service not maintainable before consumer forums.
However, this interpretation creates a gap, as consumers of legal services are left without access to consumer forums and rely on Bar Council disciplinary mechanism or civil remedies which may lead to less accessible and more time consuming.
Researched and Authored by Sahiba V.
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