The Supreme Court Holds that Advocates cannot be held guilty under the CPA, 2019
The case arose from a 2007 ruling of the NCDRC which held that advocates are covered under the ambit of the Consumer Protection Act.
The Supreme Court while analysing the purpose and scope of the Act noted that the object was never to include professional services like those of the advocates.
Further, it was observed that the legal services rendered by advocates fall under a contract of personal service, thus excluded from the ambit of the CPA.
SC: Legal profession is considered sui generis (unique) and distinct from other professions.
1The relationship between an advocate and a client is unique, giving clients direct control over advocates. Advocates must follow clients' instructions strictly, respecting their autonomy.
The judgment also considers the ruling in VP Shanta which holds medical professionals guilty for medical negligence under the CPA. Thus, referring it to a larger bench.
Moreover, the court emphasized that professional misconduct by lawyers can still be addressed through civil suits or bar councils and that they are governed by the Advocates Act.