Wednesday , July 17 2024

If a doctor can be sued for bad service, why not a lawyer?

If doctors can be sued for negligence in treatment then why not lawyers for poor service? The Supreme Court asked such a question while starting the hearing on some petitions in this case on Thursday. The Supreme Court heard petitions regarding whether matters related to legal representation fall under the Consumer Protection Act, 1986. During this, the court said that if action can be taken against doctors in the consumer court for poor service, then why can't action be taken against lawyers?

A bench of Justice Bela M. Trivedi and Justice Pankaj Mithal heard the case. The bench said that lawyers have to apply their skills and knowledge to the facts of the case in the same way as a doctor treats a patient. The court said this while considering the petitions questioning the views given by the National Consumer Commission in 2007. The National Consumer Commission in its 2007 judgment said that lawyers are covered under the Consumer Protection Act. They can also be dragged to the consumer court on behalf of the customer for deficiency in service. Legal services provided by advocates will be covered under Section 2(1)(o) of the 1986 Act. This section defines 'service', which makes them liable under the Act. However, this order of the National Consumer Commission was stayed by the Supreme Court in April, 2009. Now the Supreme Court has said that there is no dispute that any lawyer is providing services. They charge a fee. This is not a contract for personal services.