Consumer protection
S.N.Derashri
(Querist) 24 October 2014
This query is : Resolved
An advocate applied for suspension of license due to joining an employment.
On his retirement from service he applied Bar Council of the state to resume the license. The Bar Council refused to resume under certain irrelevant reason. The Order was challenged and the High Court set aside the order and directed the Bar Council to resume the license. My Query is that" As the Bar Council of the State[A Statutory Body Constituted under Advocates Act] Charges fees for enrollment as well as for resumption of suspended license, so also for renewal of license after every five years, does the Bar Council falls under the term of "Service Provider" and the Advocate is a Consumer? Can the Advocate submit a complaint under Consumer Protection Act for Deficiency in service against Bar Council for not resuming his license for irrelevant and illegal reason which not only dragged the advocate in uncalled for and protracted litigation but also deprived him of his livelihood as well as reputation.
Devajyoti Barman
(Expert) 25 October 2014
Consumer Protection does not apply here. He can challenge the rodr of the Bar Council in high court under writ jurisdiction.
Rajendra K Goyal
(Expert) 25 October 2014
Orders of Bar council are to be challenged in the High court.
T. Kalaiselvan, Advocate
(Expert) 27 October 2014
There is no such consumer relationship between the advocate and the bar council. At the best the decision of the bar council may be challenged by filing a writ petition before the high court seeking relief and remedy.
S.N.Derashri
(Querist) 27 October 2014
An advocate applied for suspension of license due to joining an employment.
On his retirement from service he applied Bar Council of the state to resume the license. The Bar Council refused to resume under certain irrelevant reason. The Order was challenged and the High Court set aside the order and directed the Bar Council to resume the license.
My Query was that" As the Bar Council of the State[A Statutory Body Constituted under Advocates Act] Charges fees for enrollment as well as for resumption of suspended license, so also for renewal of license after every five years, does the Bar Council falls under the term of "Service Provider" and the Advocate is a Consumer? Can the Advocate submit a complaint under Consumer Protection Act for Deficiency in service against Bar Council for not resuming his license for irrelevant and illegal reason which not only dragged the advocate in uncalled for and protracted litigation but also deprived him of his livelihood as well as reputation.
The order of non resumption has been set aside by the Court.
Now only the question remains for compensation for depriving the advocate from his livelihood wrongfully. Kindly suggest adequate remedy for the same as civil suit for damages is a costly affair and high court in writ jurisdiction will not and can not entertain a question which require recording of evidence and question related to facts.
Anirudh
(Expert) 27 October 2014
You have been raising this query repeatedly in the following threads:
http://www.lawyersclubindia.com/experts/Consumer-case-500626.asp#.VE4qAVcjcmU
http://www.lawyersclubindia.com/experts/Consumer-case-501141.asp#.VE4qH1cjcmU
http://www.lawyersclubindia.com/experts/Cinsumer-protection-503541.asp#. VE4qOVcjcmU
http://www.lawyersclubindia.com/experts/Consumer-protection-503736.asp#. VE4qTlcjcmU
No expert in this LCI has agreed with your proposition.
Apart from the fact that the BCI is charging fee for enrolment / renewal etc., is there any other reason/ground based upon which you want to say that you are a consumer and BCI is a service provider?
If you have, please indicate what are those grounds.
Otherwise, since you appear to strongly feel that you have a case to approach a Consumer Forum, as you have very strong and sufficient grounds to support your views, please straight away approach the Consumer Court.
Since you are a trained lawyer, you can appear in person and handle your case. There will not be any cost involved for you.
Guest
(Expert) 27 October 2014
Dear Author,Resumption of Practice is a Common Procedure in Bar Council, with out any Proper reason they would not had refused the same which is not explained by you and you had only stated irrelevant reason which is not understood please.
T. Kalaiselvan, Advocate
(Expert) 27 October 2014
The experts have very properly observed your stance. As rightly pointed out by expert Mr. NJS Rajkumar,you have not cited the exact reason for the BCI to refuse your licence resumption, please come out with the details or if you know everything better than everyone here, do as you feel, instead of repeatedly approaching this platform seeking advise on the query repeated umpteen number of times.
