Can’t sue lawyers for service deficiency: SC

New Delhi, May 14

Holding that legal services rendered by lawyers do not fall under the ambit of the Consumer Protection Act, the Supreme Court on Tuesday ruled that litigants cannot sue lawyers for “deficiency in service” to claim compensation.

Not under ambit of consumer Act

A complaint alleging deficiency in service against advocates practising legal profession will not be maintainable under the Consumer Protection Act. — SC Bench

“The legal profession is sui generis (unique in nature) and cannot be compared with any other profession. A service hired or availed of an advocate is a service under ‘a contract of personal service’, and therefore will fall within the exclusionary part of the definition of “service” contained in Section 2 (42) of the CP Act, 2019,” a Bench led by Justice Bela M Trivedi said, terming the advocates’ responsibility “onerous”.

The Bench said an advocate was the only link between the court and the client and was expected to follow his client’s instructions rather than substitute his (client’s) judgment.

“A complaint alleging ‘deficiency in service’ against advocates practising legal profession will not be maintainable under the CP Act,” it said, overruling a 1995 verdict of the National Consumer Disputes Redressal Commission (NCDRC) which held that lawyers were covered under the Act.

The Bench, however, clarified that lawyers can be sued in courts for negligence and misconduct.

“Undoubtedly, no professional — legal, medical or any other — enjoys any immunity from being sued or from being held liable for his professional or otherwise misconduct or other misdeeds causing legal, monetary or other injuries to his clients or the persons hiring or availing of his services. The fact that professionals are governed by their respective councils such as Bar councils or medical councils also will not absolve them of their civil or criminal liability arising out of their professional misconduct or negligence,” it said.

The top court said its 1995 verdict in the Indian Medical Association vs VP Shantha and others, bringing medical negligence under the Consumer Protection Act, should be reconsidered.

“…in our humble opinion, the said decision deserves to be revisited having regard to the history, object, purpose and the scheme of the CP Act and in view of the opinion expressed by us hereinabove to the effect that neither the ‘profession’ can be treated as ‘business’ or ‘trade’ nor the services provided by ‘professionals’ can be treated on a par with the services provided by businessmen or traders, so as to bring them within the purview of the CP Act,” the Bench said, requesting the CJI to send it to a larger Bench for reconsideration.