SCAORA to Intervene In Case On Advocates’ Liability Under Consumer Protection Act

SCAORA to Intervene In Case On Advocates’ Liability Under Consumer Protection Act

The Bar of Indian Lawyers felt that an attorney-client liaison could not be equated with a service provider-consumer relationship

The Supreme Court Advocates-on-Record Association (SCAORA) has decided to intervene in an ongoing matter where the Supreme Court is deciding whether advocates would come under the ambit of the Consumer Protection Act, 1986.

The pertinent point being examined is whether services rendered by the lawyers are covered under Section 2 (o) of the Consumer Protection Act, which defines services.

The resolution of 15 February reads:

“Whereas the members of the EC as well as the members of the AoR association have apprised of the important issue of law related to the inclusion of advocates within the jurisdiction of the Consumer Protection Act and the same issue is pending adjudication before the Supreme Court of India in Civil Appeal No. 002646 of 2009 titled Bar of Indian Lawyers Vs. D.K. Gandhi PS National Institute of Communicable Diseases.”

The appellant, Bar of Indian Lawyers inter-alia, pleaded that an attorney-client relationship could not be equated with a service provider-consumer relationship. The matter is being heard before the Division Bench of Justice Bela Trivedi and Justice Pankaj Mithal.

While highlighting the impact on the advocates practicing in the courts across the country, SCAORA will file an intervention application (IA) and will assist the court in the matter. It has authorized its secretary/joint secretary to draft the IA and the written submissions.

A portion of the resolution states:

“Whereas the issue involved in the matter pertains to the rights and responsibilities of the advocates practicing in this court as well as other courts across the country and is of great importance touching upon the practice of the profession by our members as well as other advocates, therefore, the members of the executive committee have discussed the same and post consideration have resolved as under:

“Resolve that SCAORA shall file an intervention application in the ongoing matter and further assist the court in the development of law keeping in mind the interest of the advocates and members of the association.

“Further authorizes the secretary/joint secretary to draft the intervention application and the written submissions and other such pleadings with the information and approval of the EC and further are hereby authorized to sign any affidavit in support of the same.”