TIOL-DDT 1090 · Thursday, 16 April 2009 · story 4 of 5

Lawyers Covered under Consumer Protection Act? – Supreme Court stays NCDRC decision.

The State Commission, Delhi held that the services rendered by the Lawyer would not come within the ambit of Section 2(1)(o) of the Consumer Protection Act, 1986, as the client executes the power of attorney authorizing the Counsel to do certain acts on his behalf and there is no term of contract as to the liability of the lawyer in case he fails to do any such act. The State Commission further observed that it is a unilateral contract executed by the client giving authority to the lawyer to appear and represent the matter on his behalf without any specific assurance or undertaking.

The NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION held that if there is deficiency in service rendered by the Lawyers, complaint under the Consumer Protection Act, 1986 is maintainable.

This decision is stayed by the Supreme Court. Till the Supreme Court decides the issue, Lawyers are free.

See the Supreme Court order and NCDRC order.