Manvika Koshal, RGNUL
ABSTRACT
Apex Court recently mandated that advocates can’t be booked for deficiency of services under Consumer Protection Act; however, they can still be sued for negligence. Equating advocacy with a trade can have serious implications hampering the sanctity of the institution. Advocacy is a noble profession and to maintain its credibility the Apex Court recently mandated that they should be differentiated from persons carrying out trade. This article aims to understand the peculiar nature of services rendered by advocates. This article further explores the reasons of excluding advocates from the purview of this act.
Keywords: Consumer Protection Act, Services, Deficiency of Service. Introduction:
The goal of protecting consumers rights and interests is a primary as well as basic facet of modern economies. Passing of The Consumer Protection Act (CPA) of 19861, was an important and key legislative milestone in this field. It was enacted to empower consumers and provide them with options for redressal in the event of discontent or grievances caused by defective goods or services. It was enacted as a safeguard against the whimsical activities of the traders and business owners. Its implementation represented a watershed moment in promoting fair and transparent transactions between consumers and businesses, and further to shield the consumers from the deceptive practices. The Consumer Protection Act's principal goal is to protect consumers against unfair trade practices, product flaws, deceptive ads, and poor service. Furthermore, the legislation mandates consumer tribunals to be set up at various levels to assist the timely resolution of consumer disputes.
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