Advocate losing case on merits could not be termed as Deficiency in Service under the Consumer Protection Act: Supreme Court [Read Order]

The Supreme Court held that the advocate losing the case on merits could not be termed as Deficiency in Service under the Consumer Protection Act.

The petitioner, Nandlal Lohariya filed three complaints before the District Forum through his three advocates against BSNL. All three complaints came to be dismissed by the District Forum on merits. That after the dismissal of the complaints, the petitioner herein filed a complaint against the three advocates who appeared on behalf of the petitioner in the aforesaid three complaints alleging deficiency in service on their part in contesting his cases before the District Forum.

It was alleged that all the three advocates have not performed their duties properly. The said complaints were also filed with a delay of 365 to 630 days. The petitioner herein claimed compensation of Rs.15 lakhs from the advocates alleging deficiency in service in contesting the three complaints which were dismissed. The said complaint filed against the three advocates came to be dismissed by the District Forum. The appeal preferred by the petitioner hereinbefore the State Commission also came to be dismissed, which was the subject matter of the revision petition before the National Commission. By the impugned judgment and order(s), the learned National Commission has dismissed the said revision petition, as also, the review application.

The division bench of Justice M.R. Shah and Justice B.V. Nagarathna said, "Only in a case where it is found that there was any deficiency in service by the advocate, there may be some case. In each and every case where a litigant has lost on merits and there is no negligence on the part of the advocates, it cannot be said that there was any deficiency in service by the advocates."

The bench noted that if the submission advanced on behalf of the petitioner is accepted, in that case, in each and every case where a litigant has lost on merits and his case is dismissed, the person will approach the consumer fora and pray for compensation alleging deficiency in service.

"Losing the case on merits after the advocate argued the matter cannot be said to be a deficiency in service on the part of the advocate. In every litigation, either of the parties is bound to lose and in such a situation either of the parties who will lose in the litigation may approach the consumer fora for compensation alleging deficiency in service, which is not permissible at all," it said.

To Read the full text of the Order CLICK HERE

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