SUPREME COURT’S VIEW ON DEFICIENCY IN LEGAL SERVICES UNDER CONSUMER PROTECTION

by | May 15, 2024

ASPECTS DETAILS
Case Title M. Mathias vs. D. K. Gandhi PS National Institute of Communicable Diseases
Introduction This case revolves around whether complaints alleging “deficiency in service” against advocates practicing law are valid under the Consumer Protection Act.
Factual Background The National Consumer Disputes Redressal Commission’s (NCDRC) 2007 order triggered a series of legal battles challenging consumer forums’ jurisdiction over advocates.
Legal Issues The key legal question is whether legal services provided by advocates fall within the definition of “service” as outlined in the Consumer Protection Act.
Applicable Law The case involves the interpretation of the Consumer Protection Act, both in its 1986 and 2019 versions.
Analysis The court analyzed whether legal services by advocates can be considered as falling under the definition of “service” under the Consumer Protection Act.
Conclusion The court set aside the NCDRC’s decision, ruling in favor of the appellants.
Current Scenario The judgment and subsequent legal battles continue to shape the regulation of legal services and consumer rights.

CASE SUMMARYThe court discussed whether complaints against advocates can be entertained under the Consumer Protection Act. The dispute arose when the NCDRC allowed such complaints, challenging the traditional understanding. This led to a series of legal battles, with various legal bodies and individuals arguing about the jurisdiction of consumer forums over advocates. Eventually, the court set aside the NCDRC’s decision, emphasizing the need for a nuanced approach to regulating legal services while ensuring consumer protection.

SOURCE – SUPREME COURT OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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