VidhiSangh

Supreme Court of India · 14/05/2024

BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SINGH MALIK versus D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES AND ANR.

[2024] 6 S.C.R. 484 · 2024 INSC 410

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Summary

Consumer complaints alleging deficiency in an advocate’s professional services were held not maintainable under the Consumer Protection Act. The legal profession’s distinctive role and the personal-service character of the advocate–client relationship supported exclusion. NCDRC’s contrary decision was set aside. The Bench separately requested consideration by the Chief Justice of a larger-Bench reconsideration of Indian Medical Association v. V.P. Shantha; it did not overrule that larger-Bench medical-services decision.

Issues

  1. Whether advocates’ professional services fell within consumer-forum jurisdiction.
  2. Whether the advocate–client engagement was excluded as a contract of personal service.
  3. How the earlier larger-Bench medical-services decision should be addressed.

Provisions considered

Held

Result

NCDRC’s order set aside; advocates’ professional-service deficiency complaints held not maintainable under the Consumer Protection Act. Medical-services precedent referred to the Chief Justice for consideration of larger-Bench reconsideration.

Judgment PDF: Supreme Court of India, [2024] 6 S.C.R. 484.