crucial development, the Supreme Court on Tuesday (May 14) held that advocates cannot be held liable under the Consumer Protection Act 1986 (as re-enacted in 2019) for deficiency of services. The Court held that professionals have to be treated differently from persons carrying out business and trade.

As a corollary, the Court held that complaints against advocates alleging deficiency of services are not maintainable before the Consumer Forum.

A bench of Justices Bela Trivedi and Pankaj Mithal overruled a 2007 judgment of the National Consumer Disputes Redressal Commission which ruled that the services rendered by lawyers are covered under Section 2 (o) of the Consumer Protection Act 1986.

Justice Trivedi, reading out the operative part of the judgment, stated that the judgment has distinguished profession from business and trade. A professional requires high level of education, skill and mental labour; success of a professional is dependent on various factors which are beyond their control. Therefore, a professional cannot treated at par with businessmen under the Consumer Protection Act.

The bench also opined that the judgment in Indian Medical Association v. VP Shantna (1995) 6 SCC 651, which held that doctors and medical professionals can be held liable under the Consumer Protection Act, requires to be revisited. The bench requested the Chief Justice of India to refer VP Shanta judgment to a larger bench for reconsideration.