Pune: The Pune District Consumer Disputes Redressal Forum has ruled that consumer complaints against lawyers for deficient service are not maintainable under the Consumer Protection Act. The commission dismissed a complaint filed by a litigant, stating that lawyers do not fall within the ambit of consumer protection laws.
The case was filed by a resident of Warje against a senior lawyer practicing in the Deccan Gymkhana area. The complainant alleged that the lawyer failed to argue his case effectively in family court and sought a refund of ₹75,000 along with interest. The ruling was delivered by Commission President Anil Jawalekar, along with members Shubhangi Dunakhe and Sarita Patil.
The respondent lawyer was represented by Advocate Dnyanraj Sant, who argued that the complaint was not maintainable under the Consumer Protection Act. He cited a Supreme Court ruling, stating that:
Lawyers act as representatives of their clients and work based on their instructions.
A lawyer’s service is a personal service contract, meaning it does not fall within the definition of "service" under Section 2(42) of the Consumer Protection Act.
Consumer commissions do not have the jurisdiction to adjudicate disputes regarding legal representation or advocacy.
Accepting this argument, the consumer commission dismissed the complaint, affirming that lawyers cannot be held liable for deficient service under the consumer protection framework.
Supreme Court’s Stand on Lawyers Under Consumer Law
The Supreme Court has previously ruled that lawyers are excluded from the purview of the Consumer Protection Act due to their unique professional role. The judgment clarifies that:
Lawyers serve as intermediaries between the court and their clients.
They cannot act independently without client instructions.
Their service is not considered a commercial service, and thus, consumer complaints against them cannot be entertained.
This ruling effectively means that clients dissatisfied with their lawyer’s service cannot seek redressal under the Consumer Protection Act. Instead, grievances related to a lawyer’s conduct or service must be addressed through legal forums such as the Bar Council of India or the courts.