Consumer Complaint Against Advocate Held Not Maintainable Under Consumer Protection Act: AP HC

A. S. S. K. Durga Prasad Vs National Consumer Disputes Redressal Commission & 3 others (Andhra Pradesh High Court)

The Andhra Pradesh High Court dismissed a writ petition challenging the dismissal of a consumer complaint filed against an advocate alleging deficiency in legal services. The petitioner had initially filed Consumer Complaint No.181 of 2014 before the District Consumer Disputes Redressal Commission, Visakhapatnam, which was dismissed on merits on 04.03.2022. The appeal before the Andhra Pradesh State Consumer Disputes Redressal Commission was dismissed on 16.11.2022, and the Revision Petition before the National Consumer Disputes Redressal Commission was also dismissed on 20.09.2023. The petitioner thereafter challenged these orders before the High Court.

The petitioner was unable to establish the maintainability of a consumer complaint against an advocate for alleged deficiency in rendering legal services under the Consumer Protection Act. It was also submitted that a complaint made against the advocate before the State Bar Council had been dismissed.

The High Court referred to the Supreme Court judgment in Bar of Indian Lawyers v. D.K. Gandhi PS National Institute of Communicable Diseases, which held that services rendered by advocates constitute a contract of personal service and are excluded from the definition of “service” under Section 2(42) of the Consumer Protection Act, 2019. The Supreme Court further held that complaints alleging deficiency in service against advocates practising the legal profession are not maintainable under the Consumer Protection Act and overruled the contrary view previously taken by the National Consumer Disputes Redressal Commission.