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Supreme Court of India 2024-05-14 allowed

ITS PRESIDENT JASBIR SINGH MALIK vs D. K. GANDHI PS NATIONAL INSTITUTE

Bench: 2 — Bela M. Trivedi, Pankaj Mithal

In Brief

The Supreme Court held that advocates' professional services are not covered under the Consumer Protection Act, 1986/2019. The Court concluded that the legal profession is unique (sui generis) and distinct from other professions because advocates owe paramount duties to the court alongside duties to clients, making them officers of the court. The Court found that advocate-client relationships constitute contracts of personal service where clients exercise direct control over the advocate, placing them within the Act's exclusionary provisions. The Legislature never intended consumer laws—designed to protect against unfair trade and business practices—to apply to regulated professions. Therefore, complaints alleging deficiency in legal services are not maintainable under consumer protection laws.

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Consumer Protection Legal Profession Professional Services Advocates Consumer Protection Act 1986 Consumer Protection Act 2019 Professional Conduct Bar Councils Advocates Act 1961 Contract of Personal Service

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