Deficiency of service by Advocate
vijay mehta
(Querist) 11 February 2010
This query is : Resolved
If Advocate on Record remains absent then what action Court can take/should take against such erring Advocate to ensure his presence.
I add further that the Advocate on Record has agreed to fees till final disposal, in writting and he is paid accordingly even than he can walk in and out of the matter at his whims and fancy??
R.R. KRISHNAA
(Expert) 11 February 2010
Well, Supreme Court has clearly held that (recently) a lawyer is not liable for deficiency in service and hence a consumer complaint is not maintainable.
But if the lawyer is not present in court a complaint before bar council can be done or else the client has the right to change the lawyer with the permission of the court.
Arvind Singh Chauhan
(Expert) 11 February 2010
Krishna Sir! can you please attach the judgment in forum.
R.R. KRISHNAA
(Expert) 11 February 2010
Sorry Arvind Sir,
I know that judgment has been passed by supreme court. But I dont have a copy of it.
Parveen Kr. Aggarwal
(Expert) 11 February 2010
Mr. Krishnaa,
Has the Supreme Court completely absolved advocates for their defaults in professional duties to compensate his client or merely remedy of Consumer Fora has been held to be not available.
Please give the particulars of the case stated by you.
B K Raghavendra Rao
(Expert) 11 February 2010
An advocate represents his client. The court need not ensure presence of the advocate. It is for the client to ensure his representation in the court. If there is an adverse effect on the case, then it is the client who suffers and not the advocate. Therefore, the client should be vigilant against his advocate.
As I know, the advocates come under consumer protection act, and liable for deficient service. Advocates are professionals like doctors and engineers and serve the clients representing them in courts for justice.
In the event the advocate is absent in the court and on account of his absence,the client suffers, he may file a case against the advocate for deficiency in service.
HOWEVER, Mr. KRISHNAA, please verify again and inform if you are correct. It would be a knowledge for us.
Prakash Yedhula
(Expert) 11 February 2010
Courts do not have any power to compel an advocate to appear. For non-appearance of the advocate, the proceedings would be either decided exparte or dismissed for default. In some times, the court can also pass orders on merits depending upon the stage of the case.
R.R. KRISHNAA
(Expert) 12 February 2010
Lawyers not liable under consumer Act: SC: 14 April 2009
NEW DELHI: The Supreme Court on Monday stayed a ruling of the apex consumer forum holding that services rendered by an advocate to his client in the course of litigation be covered under the provisions of Consumer Protection Act.
A Bench comprising Justices L S Panta and B Sudershan Reddy stayed the ruling of National Consumer Disputes Redressal Commission (NCDRC), which was challenged by a large number of advocate bodies after lawyers raised a hue and cry over the prospect of being sued by clients for deficient service.
The appeals were filed by Bar of Indian Lawyers, Delhi High Court Bar Association and Bar Council of India. One of the lawyers' bodies represented by advocate Jasbir Malik argued that lawyers rendered legal assistance and not service to the clients.
One Devender Kumar Gandhi had filed a complaint before District Consumer Redressal Forum alleging deficiency of service against his lawyer M Mathai. The district forum on June 1, 2000, held the lawyer liable and asked him to pay Rs 3,000 as compensation for mental agony and another Rs 1,000 as cost.
On the appeal filed by the lawyer, the state commission reversed the finding and said that lawyers were not liable to be proceeded against as the services rendered by them did not come within the ambit of the consumer law.
However, the NCDRC set aside the state commission's verdict and held that if there was deficiency in service rendered by lawyers, complaint under Consumer Protection Act was maintainable against them.
http://timesofindia.indiatimes.com/india/Lawyers-not-liable-under-consumer-Act-SC/articleshow/4396828.cms
vijay mehta
(Querist) 12 February 2010
Pl consider the new addition of facts and review the quarry.
Parveen Kr. Aggarwal
(Expert) 13 February 2010
An advocate is bound to honour the commitment made with his client and he is under a legal obligation to perform the duties undertaken. If he has failed to perfrom his obligations as undertaken by him, he can certainly be made liable.
A suit for recovery of compensation may be filed against him besides his complaint with the bar council for profession misconduct.
Kumar Thadhani
(Expert) 13 February 2010
Vijay Sir, how can an advocate be reponsible,for default in non-performance of his duties it is only you can take action against him by approaching appropriate authority like Bar Council of that state or Consumer Distressal Dispute Forum in that state.
