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2024 Supreme(SC) 457

BELA M. TRIVEDI, PANKAJ MITHAL
Bar of Indian Lawyers through its President Jasbir Singh Malik – Appellant
Versus
D. K. Gandhi PS National Institute of Communicable Diseases – Respondent


BELA M. TRIVEDI, J.

1. An important question of law pertaining to the Legal Profession as a whole that has fallen for consideration before this Court is - whether a complaint alleging “deficiency in service” against Advocates practising Legal Profession, would be maintainable under the Consumer Protection Act, 1986 as re-enacted in 2019? In other words, whether a “Service” hired or availed of an Advocate would fall within the definition of “Service” contained in the C.P. Act, 1986/2019, so as to bring him within the purview of the said Act?

2. The present set of Appeals emanate from the impugned order dated 06.08.2007 passed by the National Consumer Disputes Redressal Commission (NCDRC), New Delhi in Revision Petition No. 1392/2006, in which the NCDRC has held inter-alia that if there was any deficiency in service rendered by the Advocates/Lawyers, a complaint under the Consumer Protection Act, 1986 (for short “CP Act, 1986”) would be maintainable.

FACTUAL MATRIX

3. The short facts in C.A. No. 2649/2009, arising out of the impugned order passed by the NCDRC are that:

    (i) The appellant is an Advocate by profession. The respondent Mr. D.K. Gandhi had hired the services of the appellant


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