Advocates cannot be sued under Consumer Protection Act for professional negligence: Supreme Court

by IANS |



New Delhi, May 14 (IANS) The Supreme Court on Tuesday ruled that advocates cannot be held liable under the Consumer Protection Act for deficiency of services.


A bench presided over by Justice Bela M Trivedi said that the very purpose and object of the Consumer Protection Act, 2019 was to provide protection to consumers from unfair practices and unethical business practices only, adding that the legislature never intended to include professions or professionals under the statute.


"We have distinguished 'profession' from 'business' and 'trade'. We have said that a profession would require advance education and training in some branch of learning or science. The nature of work is of skilled and specialised one, substantial part of which would be rather mental than manual…. a professional cannot be treated equally or at par with a businessman or a trader or a service provider of products or goods as contemplated in the Consumer Protection Act" said the bench, also comprising Justice Pankaj Mithal.


However, the Apex Court clarified that an advocate could be sued for professional negligence in an ordinary course of law.


Earlier in 2007, the National Consumer Disputes Redressal Commission (NCDRC) had ruled that the services rendered by advocates fall under the purview of the Consumer Protection Act.


On appeal, the apex court, in an ad-interim order passed in April 2009, stayed the implementation of the NCDRC ruling during the pendency of the appeals.



Latest News
Passport, visa details compromised in cyber attack affecting Australia's Department of Home Affairs Fri, Oct 25, 2024, 03:39 PM
2nd Test: New Zealand stretch lead to 188 at Tea Fri, Oct 25, 2024, 03:16 PM
Loan limit under PM Mudra Yojana raised to Rs 20 lakh from Rs 10 lakh Fri, Oct 25, 2024, 03:11 PM
2nd Test: Santner helps NZ bowl out India for 156, take 103-run lead Fri, Oct 25, 2024, 03:06 PM
Misconception that Indians are playing spin better than anyone else: Simon Doull Fri, Oct 25, 2024, 03:03 PM
MP horror: Woman gangraped, husband assaulted; probe underway Fri, Oct 25, 2024, 02:57 PM
Priyanka Gandhi invests Rs 2.24 cr in Franklin India Flexi Cap, fund has ACC Ltd in its portfolio Fri, Oct 25, 2024, 02:53 PM
16 killed in Mexico gang clash Fri, Oct 25, 2024, 02:46 PM
Three-time MLA Kalyan elected Haryana Speaker Fri, Oct 25, 2024, 02:39 PM
Australia: Two dead after truck veers into house Fri, Oct 25, 2024, 02:34 PM
Mahayuti partners plan to ride on PM’s popularity, organise 10 rallies from Nov 7 on Fri, Oct 25, 2024, 02:05 PM
Pacific island country Kiribati holds presidential election Fri, Oct 25, 2024, 12:57 PM
Rahul Gandhi, Kharge urge residents to stay safe as Cyclone Dana hits Odisha Fri, Oct 25, 2024, 12:32 PM
Cyclone Dana: Flight, train services resume in West Bengal Fri, Oct 25, 2024, 12:22 PM
UNICEF pledges support for Kenya's polio immunisation programme Fri, Oct 25, 2024, 12:13 PM