The Supreme Court of India recently held that Advocates were not within Consumer Protection Act. The Court held that the services provided by an advocate fell under a "contract of personal service" rather than a “contract for service.”
Bench comprising Justice Bela Trivedi and Justice Pankaj Mithal explained that an advocate’s relationship with a client included unique aspects such as fiduciary duties, adherence to the client's instructions, and representation responsibilities. These attributes differentiate an advocate’s role from an independent service provider.
This decision arose from an appeal regarding whether advocates could be held liable under the Consumer Protection Act for service deficiencies. The Supreme Court reviewed the definition of 'Service' and noted it excludes services under a contract of personal service. The Court concluded that advocate services fall under this category, excluding them from the Act's definition of service. Therefore, complaints against advocates for service deficiencies are not maintainable under the Consumer Protection Act, 2019.
The judgment emphasised that advocates act as agents for their clients, owe fiduciary duties, and cannot make decisions or concessions without explicit client instructions. They must seek client approval before actions that affect the client's legal rights and are expected to follow the client's directives rather than their judgment.
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