Asia Insurance Post
  • Home
  • Articles
  • Blog
  • Data
  • Facts
  • Editorial
  • Interviews
Select Page

Advocates cannot be sued under Consumer Protection Act for professional negligence: Supreme Court

by AIP Online Bureau | May 14, 2024 | Indian News, Risk Management | 0 comments

A bench presided over by Justice Bela M Trivedi said that the very purpose and object of the Consumer Protection Act, 2019 was to provide protection to consumers from unfair practices and unethical business practices only, adding that the legislature never intended to include professions or professionals under the statute

New Delhi:

The Supreme Court on Tuesday ruled that advocates cannot be held liable under the Consumer Protection Act for deficiency of services.

A bench presided over by Justice Bela M Trivedi said that the very purpose and object of the Consumer Protection Act, 2019 was to provide protection to consumers from unfair practices and unethical business practices only, adding that the legislature never intended to include professions or professionals under the statute.

“We have distinguished ‘profession’ from ‘business’ and ‘trade’. We have said that a profession would require advance education and training in some branch of learning or science. The nature of work is of skilled and specialised one, substantial part of which would be rather mental than manual…. a professional cannot be treated equally or at par with a businessman or a trader or a service provider of products or goods as contemplated in the Consumer Protection Act” said the bench, also comprising Justice Pankaj Mithal.

However, the Apex Court clarified that an advocate could be sued for professional negligence in an ordinary course of law.

Earlier in 2007, the National Consumer Disputes Redressal Commission (NCDRC) had ruled that the services rendered by advocates fall under the purview of the Consumer Protection Act.

On appeal, the apex court, in an ad-interim order passed in April 2009, stayed the implementation of the NCDRC ruling during the pendency of the appeals.

Submit a Comment Cancel reply

Your email address will not be published. Required fields are marked *

Recent Posts

  • South Korean president orders probe into data leaks across financial industry
  • Flydubai co-pilot attacked pilot with axe in attempted ‘terrorist attack’, UAE says
  • SC stays coercive action against Tata Chemicals over Gulf of Kutch marine sanctuary damage
  • Finmin to meet heads of banks on Tuesday to review progress of financial inclusion scheme
  • ICICI Prudential rebrands itself as ICICI Life Insurance

Categories

  • Articles
  • Banking & Bancassurance
  • Blog
  • Breaking News!
  • Briefs
  • Climate, Environment, Renewable Energy
  • Data
  • Disaster & Management
  • Eco/Invest/Demography
  • Editorial
  • Events
  • Facts
  • Features
  • Health
  • Indian News
  • Intermediaries
  • International News
  • Interviews
  • Life
  • Main Menu
  • Non-Life
  • Pandemic
  • Pension & Social Security
  • Policy
  • Regulation
  • Reinsurance
  • Risk Management
  • Simple
  • Technology
  • Trends, Facts
  • Uncategorized
  • Wealth Management/ Philanthropy
  • Workplace/Employee Benefits
  • Home
  • Articles
  • Blog
  • Data
  • Facts
  • Editorial
  • Interviews
  • Eco/Invest/Demography
  • Indian News
  • International News
  • Health
  • Non-Life
  • Pandemic
  • Technology
  • Risk Management
  • Reinsurance
  • Banking & Bancassurance
  • Wealth Management/ Philanthropy