SCAORA Decides To Intervene In Supreme Court Case Regarding Advocates' Liability Under Consumer Protection Act

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. Essentially, the crucial point being examined by the Top Court is whether services rendered by the lawyers are covered under Section 2 (o) of the Consumer Protection Act, which defines Service. The resolution, dated February 15, reads as follows:

“Whereas the Members of the EC as well as the members of the AoR association have apprised of the important issue of law in relation to the inclusion of Advocates within the jurisdiction of the Consumer Protection Act and the same issue is pending adjudication before the Hon'ble 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, is, inter-alia, pleading 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 Justices Bela Trivedi and Pankaj Mithal.

Underscoring the impact of this matter upon the advocates practicing in the Courts across the Country, SCAORA has resolved to file an intervention application (IA). Thus, SCORA will also assist the Court in this matter. To that effect, the advocate's body has also authorized its Secretary / Joint Secretary to draft the IA and the written submissions for the matter. This portion of the resolution reads as follows:

“Whereas the issue involved in the above 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 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 Hon'ble Court in development of law in this respect keeping in mind the interest of the advocates and members of the association.

FURTHER RESOLVES TO authorise 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 here by authorised to sign any affidavit in support of the same.”

Also Read: Can Advocate Be Held Liable Under Consumer Protection Act? Supreme Court Starts Hearing

Lawyer Assisting A Sovereign Function, Can't Be Brought Under Consumer Protection Act : Argument Before Supreme Court