Special Correspondent
Pune: The Pune District Consumer Disputes Redressal Commission has rejected a complaint against a lawyer, ruling that legal services fall outside the scope of the Consumer Protection Act. The decision stems from the nature of the legal profession, where lawyers are hired under personal service contracts, not typical consumer agreements.
A complainant, residing in Warje, had filed the case against a senior lawyer from Deccan Gymkhana, seeking a refund of Rs. 75,000, which he had paid as legal fees. The complainant alleged that the lawyer failed to represent his case effectively in a family court suit. Dissatisfied with the legal services, the complainant sought both a refund and interest.
However, the commission, led by Chairman Anil Javlekar, with members Shubhangi Dunakhe and Sarita Patil, dismissed the case after citing a Supreme Court judgment. The ruling emphasized that lawyers’ services, being personal service contracts, are not covered by the Consumer Protection Act.
Advocate Dnyanraj Sant, representing the lawyer in question, argued that the commission lacked jurisdiction to hear complaints related to legal services. He referenced a Supreme Court ruling that excluded lawyers’ services from the definition of “service” under Section 2(42) of the Consumer Protection Act. The Supreme Court decision established that disputes regarding lawyers’ services cannot be addressed under the Consumer Protection Act.
The commission accepted this argument, leading to the dismissal of the complaint.
Why Lawyers’ Services Aren’t Covered Under the Consumer Protection Act
According to the Supreme Court, lawyers are considered agents of their clients and provide personal services that require clear instructions from the parties. They act as intermediaries between the court and the parties, making their services fall under personal service contracts. This distinction excludes lawyers’ services from the Consumer Protection Act, meaning complaints regarding defective legal services cannot be filed under the act.
