Losing Case on merits does not amount to Deficiency in Service by An Advocate: Supreme Court

Losing Case on merits does not amount to Deficiency in Service by An Advocate: Supreme Court

Losing the case on merits after the advocate argued the matter cannot be said to be deficiency in service on the part of the advocate

The Supreme Court in its judgment delivered on November 8 observed that losing a case on merits cannot be called Deficiency in Service on the part of an Advocate and hence cannot attract proceedings before a Consumer Forum.

A Division Bench of Justice MR Shah and BV Nagarathna, while dismissing the SLPs, noted,

"In each and every case where a litigant has lost on merits and there is no negligence on the part of the advocate/s, it cannot be said that there was any deficiency in service by the advocate/s. If the submission advanced on behalf of the petitioner is accepted, in that case, in each and every case where a litigant has lost on merits and his case is dismissed, he will approach the consumer fora and pray for compensation alleging deficiency in service. Losing the case on merits after the advocate argued the matter cannot be said to be deficiency in service on the part of the advocate. In every litigation, either of the party is bound to lose and in such a situation either of the party who will lose in the litigation may approach the consumer fora for compensation alleging deficiency in service, which is not permissible at all."

The petitioner had approached the Top Court against order of the National Consumer Disputes Redressal Commission, wherein the order by State and District Consumer Forums were upheld and the complaint was dismissed on merits.

It was alleged that the advocates before the District Forum did not perform their duty well, seeking a compensation of about 15 lakhs.