Professional Documents
Culture Documents
INDIA
A
PROJECT ON
SUBMITTED TO:
FACULTY OF PROFESSIONAL ETHICS
SUBMITTED BY:
SAMEER SOURAV
ROLL NO. 112
SEMESTER
I, Sameer Sourav, feel myself highly elated, as it gives me tremendous pleasure to come out
with work on the topic Consumer Protection Act vs. Legal Services in India.
Words fail to express my deep sense of glee to my teacher, Mr. Digvijay Singh who
enlightened me with his beautiful work on this topic.
I would like to thank him for guiding me in doing all sorts of researches, suggestions and
having discussions regarding my project topic by devoting his precious time. I thank
H.N.L.U for providing Internet facilities. Lastly I thank my friends and all those who have
helped me in the completion of this project.
Thanking you,
Sameer Sourav
SEMESTER-X
RESEARCH METHODOLOGY
Methodology used in this project work is both Doctrinal and Secondary electronic research.
This project work contains extensive research work on Consumer Protection Act vs. Legal
Services in India. This project is based on theoretical study as well.
PREFACE
The purpose of this paper work is to bring out the gist of the whole concept in a lucid, precise
and orderly manner. I have made a strenuous effort to give a comprehensive treatment to the
subject Consumer Protection Act vs. Legal Services in India which is of considerable
importance as it is considered to be a very widely discussed concept.
The authorities that have been relied upon and used as source material have been duly
referred to and acknowledged in the footnotes. References have also been appended to the
project.
The mode of research has been subjective analytical. Secondary sources are referred to in the
course of research. In the completion of this work my teachers specially subject faculty Mr.
Digvijay Singh, have been a constant source of inspiration and encouragement to me. I must
sincerely thank them for their support.
TABLE OF CONTENT
S.
No.
Topic
Pg. No.
1.
INTRODUCTION
05
2.
06-07
AN ANALYSIS OF
A
06-07
07
C
07
08
3.
09
4.
10
5.
11
6.
12-13
7.
CONCLUSION
13
8.
REFERENCES
14
INTRODUCTION
The Apex Court in Indian Medical Association v. V.P. Shanta 1 has authoritatively settled
the law that Medical Professionals are within the purview of Consumer Protection Act,
1986.2 However, the issue whether Legal Professionals are also covered by COPRA is still
open to debate.
In India Consumer Protection Act 1986 and the Competition Laws protect the interest of
consumers. The reason being if there will be no competition the price of product would be
very high.
The ambit and scope of Section 2(1)(o) of the Consumer Protection Act which defines
service is very wide and by this time well established. It covers all services except rendering
of services free of charge or a contract of personal service. Undisputedly, lawyers are
rendering service. They are charging fees. It is not a contract of personal service. Therefore,
there is no reason to hold that they are not covered by the provisions of the Consumer
Protection Act, 1986.
This project discusses the position of advocates under the undergoing debate in India and
tries to find a harmonious solution to this topic.
LEGALPOSITION IN INDIA
AN ANALYSIS OF D.K. GANDHI vs. M. MATHIAS CASE3
Mr. D.K. Gandhi appointed Mr. M. Mathias for legal assistance in 2005. Due to certain
reasons Mr. Gandhi lost the case. He filed an application in the District Consumer Forum for
deficiency in services by his advocate Mr. Mathias. The case was being referred to Delhi
State Forum.
For the first time it was being authoritatively held that and advocate shall not be liable in
such cases. The reasons being:1. In case of legal profession when a client appoints an advocate he executes a power of
attorney to represent him in the case. In such power of attorney no such condition as
to deficiency in services or liability in case of defeat is mentioned.
2. In case of legal profession there is Unilateral contract between a client and an
advocate which is executed by the client. Unilateral contracts which refers to services
by one to another does not fall within the definition of services.
3. There is no terms and conditions in the power of attorney as to liability in case of
loss, negligence, delay etc.
Against this order Mr. Gandhi filed Revision petition at National Commission
The National Commission which reversed the earlier verdict and held that advocates will be
equally liable. The reason being the definition of service under 2(1)(o) is very wide which
includes any service whether professional or not.
It further observed that : this definition excludes 2 things
1. Any service which is gratuitous.
3 RP No. 1392 of 2006
HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR
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CONCLUSION
On the one hand the authors have argued for the exclusion of lawyers from the purview of
COPRA, and vesting Bar Council with exclusive jurisdiction, while on the other hand there
is another school of thought which makes out the need for setting up of consumer courts to
either supplement or supplant the disciplinary committee of Bar Council of India. 20 By
holding that legal practitioners fall within the purview of COPRA, no change is brought in
the substantive law governing claims for compensation. The grounds of negligence, and
principles which apply to the determination of such a claim before the civil court, would
18 This rule was laid down long ago by the Privy Council in A, a Pleader v. The Judge of the High
Court of Madras (AIR 1930 PC 144) where the court said, "before dealing with the charges it is right
to state that, in their Lordship's opinion charges of professional misconduct must be clearly proved
and should not be inferred from mere ground for suspicion, however reasonable. In another case L.D.
Jaisinghani v, Naridas N. Punjabi, AIR 1976 SC 373 at p. 376, involving professional misconduct, a
four Judge bench of The Supreme Court held that the evidence should be of a character which should
leave no reasonable doubt about guilt. In a rather recent judgment In Re: An Advocate, AIR 1989 SC
245, the Apex Court has further reaffirmed this principle. Bar Council of India has also followed this
approach consistently. Recently the Bar Council of India in one case observed, "The allegation of
professional misconduct is of very severe nature and the same has to be proved by cogent and
convincing evidence," (A v. T, D.C, Appeal No. 9/1984, Order dated 9-7-1988. reported in
15IBR3680988).
19 Shantas case at p.666
20 M.K. Rameesh, Consumer Interests in Legal Profession: Problems and Perspectives, 13 CULR
425 (1989).
HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR
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REFERENCES
http://blogs.consumerawakening.com/law-about-lawyers-liability-to-consumers/
http://www.lawyersclubindia.com/articles/print_this_page.asp?article_id=237
http://legalperspectives.blogspot.in/2010/05/lawyers-liable-for-deficiency-in.html
http://www.lawyersclubindia.com/articles/LAWYER-S-LIABILITY-UNDERCONSUMER-PROTECTION-ACT-237.asp#.VRoI9_nF-MY
A.C Modgai v/s CrossWell Tailors and Anr. II (1991) CPJ 586 (NC)
21 Part VI of the Bar Council of India Rules
HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR
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