Errant lawyers covered under Consumer Act

A case of negligence can be registered against persons professing some special skill

MUMBAI: The next time your lawyer does not attend to a court matter in time or delivers your documents way behind schedule or generally does not give you the sort of respect you deserve, what should you do? Sue him under the Consumer Protection Act. You have every right to do so, says the National Consumer Dispute Redressal Commission in DK Gandhi vs M Mathias.

The matter was a simple one. Gandhi sued a lawyer for dereliction of duty in handling his case. The State Commission at Delhi, dismissed the case on the grounds that the services rendered by a lawyer would not come within the scope of the Consumer Protection Act (the Act), as the client executes a power of attorney in favour of the lawyer and there is no term of contract which binds the lawyer in case he fails to do any act.

Striking down the order of the Delhi Commission, the National Commission observed that the Act covers all services except those which are rendered free of charge or those which arise out of a contract of personal service.

The lawyer being a service provider can be proceeded under the Act if there is any deficiency of service rendered by him to his client. Going through the definition of ‘service’ in Clause (o) of the definition, which said that “service means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service’’ the court stated that the profession and work of a lawyer squarely met the definition under the Act.

It further said, “It is totally erroneous to hold that it is a unilateral contract executed by the client by giving authority to the lawyer to appear and represent the matter. Apparently, it is a bilateral contract between the client and the lawyer, and that too, on receipt of fees, the lawyer would appear and represent the matter on behalf of his client.’’

Relying heavily on an order of the Supreme Court of India in Indian Medical Association vs VP Shantha, wherein the medical profession was declared to be under the ambit of the Act, the commission stated that in the law of negligence, professional such as lawyers, doctors, architects and others are included in the category of persons professing some special skill or skilled person generally and a case of negligence can be registered against this category of persons. The matter has been remanded back to the State Commission for a decision, on the merits of the case.