SC Hears Arguments on Lawyers’ Exemption from Consumer Protection Act

GG News Bureau
New Delhi, 16th Feb. During Thursday’s session, the Supreme Court deliberated on the issue of lawyers’ exemption from the Consumer Protection Act, with senior advocate Narendra Hooda asserting that legal practitioners cannot solicit or advertise their services unlike doctors and hospitals.

In response to queries from a bench comprising justices Bela M Trivedi and Pankaj Mithal, Hooda, representing bar bodies and individuals, emphasized the distinct nature of legal services compared to other professions. He underscored that a lawyer’s foremost duty is towards the court to assist in the administration of justice, not solely towards their clients.

The litigation stems from a challenge against a 2007 ruling by the National Consumer Disputes Redressal Commission (NCDRC), which subjected advocates and their services to the Consumer Protection Act. Hooda argued that lawyers operate under different constraints outlined in the Advocates Act of 1961, which prohibits solicitation of work and advertising. He contended that the legal profession’s unique regulatory framework precludes its inclusion under consumer protection statutes.

Addressing concerns raised by the court regarding accountability for professional misconduct, Hooda highlighted existing mechanisms for redressal, including complaints to the Bar Council of India and civil court remedies.

The hearing concluded without resolution and is set to resume on February 21.

In its 2007 ruling, the NCDRC determined that lawyers fall within the ambit of the Consumer Protection Act and can be sued in consumer courts for service deficiencies. Despite this, the Supreme Court stayed the NCDRC verdict in April 2009, signaling ongoing judicial deliberation on the matter.