The Supreme Court’s judgment, in , rules that a service hired or availed of an advocate is a service under “a contract of personal service” and therefore falls within the exclusionary part of the definition of “service” under section 2(42) of the Consumer Protection Act, 2019.
The court also considered whether the legislature ever intended to include professions or service by professionals under the act. It held that while the act was to provide better protection of consumer interests against exploitation by traders and manufacturers of consumer goods, it did not cover the services of professionals like advocates and doctors.
The court observed that the terms “business” and “trade” have a commercial aspect and cannot be used interchangeably with the term “profession”. A profession normally would involve some branch of learning or science; a professional’s work requires a high level of education, training and proficiency, and involves skilled and specialised spheres where achieving success depends on many factors beyond a person’s control. Therefore, a professional cannot be treated equally with a businessman, trader or service provider of products or goods, as contemplated in the act.
It clarified that professionals can still be sued or held liable for misconduct or tortious or criminal acts. The fact that professionals are governed by their respective councils, like bar councils or medical councils, also would not absolve them from their civil or criminal liability arising out of their professional misconduct or negligence.
The court noted the judgment in , given by a three-judge bench of the Supreme Court, which held that services by medical professionals fell under the Consumer Protection Act. The bench referred the judgment to a larger bench of the court.
The dispute digest is compiled by Numen Law Offices, a multidisciplinary law firm based in New Delhi & Mumbai. The authors can be contacted at support@numenlaw.com. Readers should not act on the basis of this information without seeking professional legal advice.
