ADVOCATE LOSING A CASE AFTER ARGUING IT ON MERITS CANNOT BE HELD AS 'DEFICIENCY IN SERVICE' UNDER THE CONSUMER ACT - SC

The Supreme Court held that an advocate losing a case after arguing it on merits cannot be construed as 'deficiency in service' under the consumer Act, for which a consumer complaint can lie. The SC said that in every litigation, parties either win or lose. In such a situation, it is not permitted for the party who loses to approach a consumer forum claiming deficiency in service on the part of his advocate. 

A Bench of Justices MR Shah and BV Nagarathna was hearing an appeal filed by Nandlal Lohariya against the order passed by the National Consumer Disputes Redressal Commission (NCDRC).

The petitioner filed three consumer complaints before the District Commission against Bharat Sanchar Nigam Limited (BSNL). The District Commission dismissed these three complaints on merits.

After the dismissal of the complaints, the petitioner filed a complaint against the advocates who appeared on behalf of him in the aforesaid complaints. The petitioner alleged that the three advocates failed to perform their duties. The aforementioned complaints were filed with a delay of 630 days. The petitioner claimed Rs15 lakh as compensation from the three advocates alleging deficiency in service. 

The District Commission dismissed the complaints against the advocates, and the State Commission and the NCDRC upheld the same. After hearing the parties, the Top Court held that the decision of the NCDRC requires no intervention.

The bench emphasized that "Once a complaint is dismissed on merit and there exists no negligence on the part of the advocates, it cannot be held as a deficiency in service on the part of the advocates."

Author: Papiha Ghoshal