There is no provision in the Advocates Act to enable the Bar Council to deal with the dispute between the client and the advocate if the clients seek a remedy of damagesDamages Damages (often termed ‘user damage’) are readily awarded at common law for the invasion of rights to tangible moveable or immovable property (by detinue, conversion or trespass). Damages are also available on a similar basis for patent infringement and breaches of other intellectual property rights of a proprietary character. or refund of moneyMoney Χρήματα, νόμισμα (currency), Old French monoie, Pecunia, Money supply, Reserve money, Monetary System, Money-laundering, Electronic Money, Money Transfer, Promissory notes. Coin of Alexander (330 B.C.E). Dematerialized form is Paper Currency( In USA 1600 CE and in 1861 in India). Money makes men. Balance of Payments, Net borrowing. Euro, Dollar, INR. paid to the advocates or sums on monetary claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based.. The Bar Council can deal with only disciplinary matters and consider whether the advocate is guilty of misconduct which will fall u/s 6(1) of the Advocates Act. Hence, there is no substance in the contention that the Advocates Act will prevail over the Consumer Protection Act and Consumer Redressal Forum will have no jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. to deal with claims against the advocates.
MADRAS HIGH COURTHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission.
DIVISION BENCH
( Before : Srinivasan, J; Abdul Wahab, J )
SRIMATHI AND OTHERS — Appellant
Vs.
THE UNION OF INDIAIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more, AND OTHERS — Respondent
Writ PetitionPetition αναφορά > παρακαλώ (Prayer) No’s. 21557, 21560 of 1994 and 2109, 2110 and 4233 of 1995
Decided on : 06-03-1996
Advocates Act, 1961 – Section 2, Section 6
Consumer Protection Act, 1986 – Section 17(1), Section 3
IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Medical Council Act, 1956 – Section 3
Railway Claims Tribunal Act, 1987 – Section 13, Section 15
Cases Referred
The Registrar, University of Madras and Another Vs. Union of India (UOI) and Others, (1995) 1 LW 385 : (1995) 2 MLJ 367
Counsel for Appearing Parties
S.K. Sundaram, G. Jambunathan, Vadamalai and Ms. Subramaniam, for the Appellant; K.R. Thyagarajan, Additional Central Government Standing Counsel, P. Rajamanickkam, Additional Government Pleader and V. Jambunathan, for the Respondent
ORDER
Srinivasan, J.—In these writ petitions, a common question is raised regarding the constitutional validity of Section 3 of the Consumer Protection Act, 1986. The prayerPraying It can be interpreted as a political idea. It implicitly assumes the existence of the powerful and the powerless, with an intermediate agency positioned between them. This agency, often unquestioned and abstract, functions to preserve the existing balance between power and poverty. In doing so, prayer operates as a mechanism that normalizes hierarchy, encourages acceptance over challenge, and sustains the status quo without requiring conscious awareness from those who participate in it. in all the writ petitions is for a declaration that Section 3 of the said Act is unconstitutional, being opposed to the object of the Act. The petitioner in these cases are practising advocates. Claims have been made against them by certain persons who are impleaded as respondents in the respective cases, before the Consumer Disputes Redressal Forum. In some cases it is before the DistrictDistrict India has 800 districts under 29 federal states and 8 union territories. Adilabad Agar-Malwa Agra Ahilyanagar Ahmedabad Aizawl Ajmer Akola Alappuzha Aligarh Alipurduar Alirajpur Alluri Sitharama Raju Almora Alwar Ambala Ambedkar Nagar Amethi Amravati Amreli Amritsar Amroha Anakapalli Anand Ananthapuramu Anantnag Anjaw Annamayya Anugul Anuppur Araria Ariyalur Arvalli Arwal Ashoknagar Auraiya Aurangabad Ayodhya Azamgarh Bagalkote Bageshwar Baghpat Bahraich Bajali Baksa Balaghat Balangir Baleshwar Ballari Ballia Balod Balodabazar-Bhatapara Balotra Balrampur Balrampur-Ramanujganj Banas Kantha Banda Bandipora Banka Bankura Banswara Bapatla Bara Banki Baramulla Baran Bareilly Bargarh Barmer Barnala Barpeta Barwani Bastar Basti Bathinda Beawar Beed Begusarai Belagavi Bemetara Bengaluru Rural Bengaluru Urban Betul Bhadohi Bhadradri Kothagudem Bhadrak Bhagalpur Bhandara Bharatpur Bharuch Bhavnagar Bhilwara Bhind Bhiwani Bhojpur Bhopal Bichom Bidar Bijapur Bijnor Bikaner Bilaspur Bilaspur Birbhum Bishnupur Biswanath Bokaro Bongaigaon Botad Boudh Budaun Budgam Bulandshahr Buldhana Bundi Burhanpur Buxar Cachar Central Chamarajanagar Chamba Chamoli Champawat Champhai Chandauli Chandel Chandigarh Chandrapur Changlang Charaideo Charkhi Dadri Chatra Chengalpattu Chennai Chhatarpur Chhatrapati Sambhajinagar Chhindwara Chhotaudepur Chikkaballapura Chikkamagaluru Chirang Chitradurga Chitrakoot Chittoor Chittorgarh Chumoukedima Churachandpur Churu Coimbatore Cooch Behar Cuddalore Cuttack Dadra And Nagar Haveli Dahod Dakshin Bastar Dantewada Dakshin Dinajpur Dakshina Kannada Dhenkanal Dholpur Dhubri Dhule Dibang Valley Dibrugarh Didwana-Kuchaman Dima Hasao Dimapur Dindigul Dindori Diu Doda Dr. B.R. Ambedkar Konaseema Dumka Dungarpur Durg East East Garo Hills East Godavari East Jaintia Hills East Kameng East Khasi Hills East Siang East Singhbum Eastern West Khasi Hills Eluru Ernakulam Erode Etah Etawah Faridabad Faridkot Farrukhabad Fatehabad Fatehgarh Sahib Fatehpur Fazilka Ferozepur Firozabad Gadag Gadchiroli Gajapati Ganderbal Gandhinagar Ganganagar Gangtok Ganjam Garhwa Gariyaband Gaurela-Pendra-Marwahi Gautam Buddha Nagar Gaya Ghaziabad Ghazipur Gir Somnath Giridih Goalpara Godda Golaghat Gomati Gonda Gondia Gopalganj Gorakhpur Gumla Guna Guntur Gurdaspur Gurugram Gwalior Gyalshing Hailakandi Hamirpur Hamirpur Hanumakonda Hanumangarh Hapur Harda Hardoi Haridwar Hassan Hathras Haveri Hazaribagh Hingoli Hisar Hnahthial Hojai Hooghly Hoshiarpur Howrah Hyderabad Idukki Imphal East Imphal West Indore Jabalpur Jagatsinghapur Jagitial Jaipur Jaisalmer Jajapur Jalandhar Jalaun Jalgaon Jalna Jalore Jalpaiguri Jammu Jamnagar Jamtara Jamui Jangoan Janjgir-Champa Jashpur Jaunpur Jayashankar Bhupalapally Jehanabad Jhabua Jhajjar Jhalawar Jhansi Jhargram Jharsuguda Jhunjhunu Jind Jiribam Jodhpur Jogulamba Gadwal Jorhat Junagadh Kabeerdham Kachchh Kaimur (Bhabua) Kaithal Kakching Kakinada Kalaburagi Kalahandi Kalimpong Kallakurichi Kamareddy Kamjong Kamle Kamrup Kamrup Metro Kancheepuram Kandhamal Kangpokpi Kangra Kannauj Kanniyakumari Kannur Kanpur Dehat Kanpur Nagar Kapurthala Karaikal Karauli Karbi Anglong Kargil Karimganj Karimnagar Karnal Karur Kasaragod Kasganj Kathua Daman Damoh Dangs Darbhanga Darjeeling Darrang Datia Dausa Davanagere Deeg Dehradun Deogarh Deoghar Deoria Devbhumi Dwarka Dewas Dhalai Dhamtari Dhanbad Dhar Dharashiv Dharmapuri Dharwad Dhemaji Katihar Katni Kaushambi Kendrapara Kendujhar Keyi Panyor Khagaria Khairagarh-Chhuikhadan-Gandai Khairthal-Tijara Khammam Khandwa (East Nimar) Khargone (West Nimar) Khawzawl Kheda Kheri Khordha Khowai Khunti Kinnaur Kiphire Kishanganj Kishtwar Kodagu Koderma Kohima Kokrajhar Kolar Kolasib Kolhapur Kolkata Kollam Kondagaon Koppal Koraput Korba Korea Kota Kotputli-Behror Kottayam Kozhikode Kra Daadi Krishna Krishnagiri Kulgam Kullu Kumuram Bheem Asifabad Kupwara Kurnool Kurukshetra Kurung Kumey Kushinagar Lahaul And Spiti Lakhimpur Lakhisarai Lakshadweep District Lalitpur Latehar Latur Lawngtlai Leh Ladakh Leparada Lohardaga Lohit Longding Longleng Lower Dibang Valley Lower Siang Lower Subansiri Lucknow Ludhiana Lunglei MAUGANJ Madhepura Madhubani Madurai Mahabubabad Mahabubnagar Mahasamund Mahendragarh Mahesana Mahisagar Mahoba Mahrajganj Maihar Mainpuri Majuli Malappuram Malda Malerkotla Malkangiri Mamit Mancherial Mandi Mandla Mandsaur Mandya Munger Murshidabad Muzaffarnagar Muzaffarpur Mysuru Nabarangpur Nadia Nagaon Nagapattinam Nagarkurnool Nagaur Nagpur Nainital Nalanda Nalbari Nalgonda Namakkal Namchi Namsai Nanded Nandurbar Nandyal Narayanpet Narayanpur Manendragarh-Chirmiri-Bharatpur(M C B) Mangan Mansa Marigaon Mathura Mau Mayiladuthurai Mayurbhanj Medak Medchal Malkajgiri Meerut Meluri Mirzapur Moga Mohla-Manpur-Ambagarh Chouki Mokokchung Mon Moradabad Morbi Morena Mulugu Mumbai Mumbai Suburban Mungeli Narmada Narmadapuram Narsimhapur Nashik Navsari Nawada Nayagarh Neemuch New Delhi Nicobars Nirmal Niuland Niwari Nizamabad Noklak Noney North North 24 Parganas North And Middle Andaman North East North Garo Hills North Goa North Tripura North West Ntr Nuapada Nuh Pakke Kessang Pakur Pakyong Palakkad Palamu Palghar Pali Palnadu Palwal Panch Mahals Panchkula Pandhurna Panipat Panna Papum Pare Parbhani Parvathipuram Manyam Paschim Bardhaman Paschim Medinipur Pashchim Champaran Patan Pathanamthitta Pathankot Patiala Patna Pauri Garhwal Peddapalli Perambalur Peren Phalodi Phek Pherzawl Pilibhit Pithoragarh Poonch Porbandar Prakasam Pratapgarh Pratapgarh Prayagraj Puducherry Pudukkottai Pulwama Pune Purba Bardhaman Ranipet Ratlam Ratnagiri Rayagada Reasi Rewa Rewari Ri Bhoi Rohtak Rohtas Rudraprayag Rupnagar S.A.S Nagar Sabar Kantha Sagar Saharanpur Saharsa Sahebganj Saitual Sakti Salem Salumbar Samastipur Samba Purba Medinipur Purbi Champaran Puri Purnia Purulia Rae Bareli Raichur Raigad Raigarh Raipur Raisen Rajanna Sircilla Rajgarh Rajkot Rajnandgaon Rajouri Rajsamand Ramanagara Ramanathapuram Ramban Ramgarh Rampur Ranchi Ranga Reddy Sambalpur Sambhal Sangareddy Sangli Sangrur Sant Kabir Nagar Saraikela Kharsawan Saran Sarangarh-Bilaigarh Satara Satna Sawai Madhopur Sehore Senapati Seoni Sepahijala Serchhip Shahdara Shahdol Shahid Bhagat Singh Nagar Shahjahanpur Shajapur Shamator Shamli Sheikhpura Sheohar Sheopur Shi Yomi Shimla Shivamogga Shivpuri Shopian Shrawasti Siaha Siang Siddharthnagar Siddipet Sidhi Sikar Simdega Sindhudurg Singrauli Sirmaur Sirohi Sirsa Sitamarhi Sitapur Sivaganga Sivasagar Siwan Solan Solapur Sonbhadra Sonepur Sonipat Sonitpur Soreng South South 24 Parganas South Andamans South East South Garo Hills South Goa South Salmara Mancachar South Tripura South West South West Garo Hills South West Khasi Hills Sri Muktsar Sahib Sri Potti Sriramulu Nellore Sri Sathya Sai Srikakulam Srinagar Sukma Sultanpur Sundargarh Supaul Surajpur Surat Surendranagar Surguja Suryapet Tamenglong Tamulpur Tapi Tarn Taran Tawang Tehri Garhwal Tengnoupal Tenkasi Thane Thanjavur The Nilgiris Theni Thiruvallur Thiruvananthapuram Thiruvarur Thoothukkudi Thoubal Thrissur Tikamgarh Tinsukia Tirap Tiruchirappalli Tirunelveli Tirupathur Tirupati Tiruppur Tiruvannamalai Tonk Tseminyu Tuensang Tumakuru Udaipur Udalguri Udham Singh Nagar Udhampur Udupi Ujjain Ukhrul Warangal Wardha Washim Wayanad West West Garo Hills West Godavari West Jaintia Hills West Kameng West Karbi Anglong West Khasi Hills West Siang West Singhbhum West Tripura Wokha Y.S.R. Yadadri Bhuvanagiri Yadgir Yamunanagar Yavatmal Zunheboto Umaria Una Unakoti Unnao Upper Siang Upper Subansiri Uttar Bastar Kanker Uttar Dinajpur Uttara Kannada Uttarkashi Vadodara Vaishali Valsad Varanasi Vellore Vidisha Vijayanagara Vijayapura Vikarabad Viluppuram Virudhunagar Visakhapatnam Vizianagaram Wanaparthy Forum and in some cases it is before the State Forum.
2. The contention of the petitioners is that advocates are governed by the Advocates Act and they shall not be made to answer the claims under the Consumer Protection Act. It is contended that the objects of the Act do not contain any provision which will bring in the services rendered by an advocate to his client within the scope of the Consumer Protection Act. It is also argued that the definition of ‘consumer’ will not include a client, who has availed of the services of an advocate. It is further contended that an advocate should not be made liable to face claims under different statutesStatute A formal written legal enactment by a sovereign law-making body (Νόμος) > National Constitutions > National Laws > Indian Laws. According to the petitioners, an advocate in a particular case, can be made to defend a proceeding (1) under the Advocates Act before the Bar Council, (2) under the Criminal LawLaw νόμος: Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article before the Criminal Courts, (3) before the Civil Court under the Civil Law, and (4) before the Consumer Redressal Forum under the Consumer Protection Act. It is argued that when there is a special enactment governing the advocates, viz., Advocates Act, he shall not be made to face claims under the different Acts, referred to above. In particular, it is stated that the provision contained in Section 3 of the Consumer Protection Act, by which, the provisions of the said Act are declared to be in addition to and not in derogation of the provisions of any other law for the timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ being runs counter to the objects of the Act. According to the petitioner, if that Section is struck down as unconstitutional, it will not be possible for any person to drag the advocate before the Consumer Redressal Forum as the claim will be outside the scope of the said Act. It is also submitted that in a proceeding before the Consumer Redressal Forum, no Court-fee is payable and it may be possible for any person to file a frivolous action against the Advocate in that Forum and even if that person fails ultimately, and if the advocate wants to make a claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. for damages, it cannot be made without payment of Court-fee by the advocate in a Civil Court. Such provisions cause undue hardship and place the advocate in a hazardous situation thereby making his profession worthless.
3. Though the argumentsArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: “because”, “since”, “for”, and “as”; typical conclusion indicators include “therefore”, “thus”, “hence”, and “so”. पंच अवयव तर्कः प्रतिज्ञा हेतू उदाहरणम् निगमनम् अवयवाः > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument. are somewhat attractive, we do not find any substance in the same. As pointed out already, the prayer in these cases is to declare Section 3 of the Consumer Protection Act as unconstitutional, being opposed to the objects of the Act. The Statement of Objects and Reasons of the Act reads as follows :
“It seeks, inter alia, to promote and protect the rights of consumers such as :
(a) the right to be protected against marketing of goods which are hazardous to life and property,
(b) the right to be informed about the quantity, potency, purity, standard and price of goods to protect the Consumer against unfair trade practices,
(c) the right to be assured, wherever possible, access to variety of goods at competitive prices,
(d) the right to be heard and to be assured that Consumer’s interests will receive due consideration at appropriate Forums,
(e) the right to seek redressal against unfair trade practice or unscrupulous exploitation of consumers, and
(f) right to consumer education.
4. We are unable to find anything in the Statement of Objects and Reasons which runs counter to the provisions of Section 3 of the Act. What all Section 3 of the Act says is that the provisions of the Act shall be in addition to and not in derogation of the provisions of any other law. In other words, the Act does not have the effect of overriding other enactments with reference to matters dealt with in the Act. The Section only provides that it will be open to any person to claim the benefits of this Act and also avail himself of the provisions of other enactments if there is no inconsistency or conflict and if he is not barred otherwise, by any other principle of law, like estoppelEstoppel Res judicata debars a court from exercising its jurisdiction to determine the lis if it has attained finality between the parties whereas the doctrine issue estoppel is invoked against the party. If such an issue is decided against him, he would be estopped from raising the same in the latter proceeding.. Bhanu Kumar Jain v. Archana Kumar ([2004] Supp. 6 SCR 1104 : (2005) 1 SCC 787) or election.
5. We are unable to appreciate the second limb of the arguments that, if the section is struck down as unconstitutional, no person can institute any proceeding before Consumer Redressal Forum against an Advocate. Even if the section is declared to be unconstitutional the other sections of the Act will continue to be intact and if the services of the advocate fall within the definition of service u/s 2(o) of the Act, then, it will be certainly open to a client to proceed against, the advocate before the Consumer Redressal Forum. Hence, the object of the petitioners in these writ petitions to exclude the advocates from the purview of the Consumer Redressal Forum cannot be achieved by the grant of the prayer made in these writ petitions. We are at a loss to understand the reason for the petitioners making such a prayer in these petitions.
6. Our attention is drawn to the judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) in M/s. Nathmal Ashok Kumar v. Western Railway (1991) CPJ 618. The question before the Forum was whether the complaint made before the Forum u/s 12 r/ w. Section 17(1)(a) of the Consumer Protection Act was barred by the provisions of Section 15 of the Railway Claims Tribunal Act, 1987. Section 15 of the Railway Claims Tribunal Act bars the jurisdiction of any Court or other authority in relation to the matters referred to in sub-section (1) of Section 13 of that Act. Referring to the provisions of Section 13 of that Act, Rajasthan Forum found that the claim made before the said Forum fell within the scope of Section 13 and consequently, the bar u/s 15 of said Act would apply. Hence, it was held that the proceedings before the Forum were not maintainable, inasmuch as, they barred by Section 15 of the Railway Claims Tribunal Act.
7. The ruling cannot help the petitioners herein as it is a question of interpretation of the relevant provisions of the Act. It is seen that there is a specific section in the Railway Claims Tribunal Act barring the jurisdiction of other Courts and authorities. But, there is no such provision in the Advocates Act to bar the jurisdiction of other Courts and authorities or Tribunals in relation to matters connected with the advocates or disputes arising between the clients and their advocates. Section 6 of the Advocates Act sets out the functions of State Bar Council. There is no provision in the Advocates Act to enable the Bar Council to deal with the dispute between the client and the advocate if the clients seek a remedy of damages or refund of money paid to the advocates or sums on monetary claim. The Bar Council can deal with only disciplinary matters and consider whether the advocate is guilty of misconduct which will fall u/s 6(1) of the Advocates Act. Hence, there is no substance in the contention that the Advocates Act will prevail over the Consumer Protection Act and Consumer Redressal Forum will have no jurisdiction to deal with claims against the advocates.
8. There is also no merit in the contention that an advocate will have to pay court-fee, if he wants to proceed against his client for damages or other remedies, whereas the client need not pay the court-fee if he goes before the Consumer Redressal Forum. That cannot invalidate the provisions of the Consumer Protection Act.
9. Learned counsel for the petitioners referred to Section 2(d) of the Act wherein ‘Consumer’ is defined. According to him, the definition of Consumer will not take in a client who engaged the advocate for professional services. We cannot accept this contention. The language in Clause 2 of Section 2(d) of the Act is very wide. It uses the expression “avails of any service for a consideration.” That will not certainly exclude the services rendered by advocate. Further, the matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” is made clear by the definition of “service” in Section 2(d) of the Act. The section read as follows:
“”Service” means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging or both (housing construction), entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. of personal service.”
First part of the section makes it clear that service of any description will fall within the scope of the section. That will undoubtedly include the service of a lawyer to his client.
10. It is not necessary for us to labour much on this aspect of the matter in view of the factFact Something तथ्य (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act: It means and includes— (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. that the Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of the United States (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network has recently considered the definition of “service” in two cases. First of that is in Lucknow DevelopmentDevelopment ανάπτυξη Authority v. Gupta 1994 (I) MLJ (SC) 55. Referring to the wordWord Λόγος “service” the Court said:
“The term has variety of meanings. It may mean any benefit or any act resulting in promoting interest or happiness. It may be contractual, professional, public, domestic, legal, statutory, etc., The concept of service thus is very wide.”
11. Referring to the definition in Section 2(o) of the Act, the Court said,
“It is in three parts. The main part is followed by inclusive clause and ends by exclusionary clause. The main clause itself is very wide. It applies to any service made available to potential users. The words ‘any’ and ‘potential’ are significant. Both are of wide amplitude. The word ‘any’ dictionary means ‘one or some or all’. In Black’s Law Dictionary it is explained thus, “word ‘any’ has a diversity of meaning and may be employed to indicate ‘all’ or ‘every’ as well as ‘some’ or ‘one’ and its meaning in a given statuteStatute A formal written legal enactment by a sovereign law-making body (Νόμος) > National Constitutions > National Laws > Indian Laws depends upon the context and the subject-matter of the statute. The use of the word ‘any’ in the context it has been used in clause (d) indicates from one to all.”
12. When the question was raised whether the medical profession will be covered by the provisions of the Consumer Protection Act, the Supreme Court answered the same in the affirmative. While doing so, the Supreme Court reversed the judgment of this Court. In Indian Medical Association v. V. P. Shantha 1995 (6) SC 651 the Supreme Court has held that the applicability of the Consumer Protection Act cannot be questioned on the ground that the medical practitioners are subject of disciplinary controlDisciplinary control Administrative Law: State of West Bengal v. Nripendra Nath Bagchi [1966] 1 SCR 771: AIR 1966 SC 447. State of Jammu and Kashmir v. Lakhwinder Kumar and Ors. [2013] 2 SCR 1070 : (2013) 6 SCC 333; St. Johns Teachers Training Institute v. Regional Director, National Council for Teacher Education and Anr. [2003] 1 SCR 975 : (2003) 3 SCC 321; Madan Mohan Choudhary v. State of Bihar & Ors. [1999] 1 SCR 596 : (1999) 3 SCC 396. Union of India & Ors. v. Ghulam Mohd. Bhat [2005] Supp. 4 SCR 367 : (2005) 13 SCC 228; Union of India & Ors. v. Diler Singh [2016] 4 SCR 473 : (2016) 13 SCC 71; General Officer Commanding-in-Chief & Anr. v. Subash Chandra Yadav & Anr. [1988] 3 SCR 62 : (1988) 2 SCC 351; State Bank of India and Ors. v. T.J. Paul [1999] 2 SCR 1060 : (1999) 4 SCC 759; Rohtak & Hissar Districts Electric Supply Co. Ltd. v. State of U.P. & Ors. [1966] 2 SCR 863 : AIR 1966 SC 1471; Dr. Mahachandra Prasad Singh v. Chairman, Bihar Legislative Council & Ors. [2004] Supp. 5 SCR 692 : (2004) 8 SCC 747; Southern Petrochemical Industries Co. Ltd. v. Electricity Inspector & ETIO [2007] 6 SCR 955 : (2007) 5 SCC 447; Prasar Bharti & Ors. v. Amarjeet Singh & Ors. [2007] 2 SCR 160 : (2007) 9 SCC 539. under Medical Council Act, 1956. The contention similar to the one, put forward before us, was urged before the Supreme Court and negatived. It is useful to refer to the following passages in the judgment of the Supreme Court which are relevant for the purpose of this case.
“It has been urged that medical practitioners are governed by the provisions of the Indian Medical Council Act, 1956 and the code of Medical Ethics made by the Medical Council of India, as approved by the Government of India u/s 3 of the Indian Medical Council Act, 1956 which regulates their conduct as members of the medical profession and provides for disciplinary action by the Medical Council of India and/or State Medical Council against a person for professional misconduct.”
……………………….
……………………….
According to Rupert M. Jackson and John L. Powell, the occupations which are regarded as professions have four characteristics, viz.,
(i) the nature of the work which is skilled and specialised and a substantial part is mental rather than manual;
(ii) commitment to moralMorality Mental frame. It can be high morality or low morality, savage morality or civilised morality or Christian morality, or Nazi morality. Decent Behaviour is acceptable norms of the nations. Christian morality starts with the belief that all men are sinners and that repentance is the cause of divine mercy. Putting Crucified Christ in between is the destruction of Christian morality and logic. Now morality shifted to the personal choice of Jesus. What Jesus did is 'good'. The same would be the case of Ram, Krishna, Muhammad, Buddha, Lenin, etc. Pure Human Consciousness degraded to pure followership. There exists no proof the animals are devoid of morality. principles which go beyond the general duty of honesty and a wider duty to community which may transcend the duty to a particular client or patient;
(iii) Professional association which regulates admission and seeks to uphold the standards of the profession through professional codes on matters of conduct and ethics; and
(iv) high status in the community.
The learned authors have stated that during the twentieth century, an increasing numberNumber Αριθμός of occupations have been seeking and achieving ‘professional’ status and that this has led inevitably to some blurring of the features which traditionally distinguish the professions from other occupations. In the context of the law relating to ‘Professional’ Negligence, the learned author have accorded professional status to seven specific occupations, namely, (i) architects, engineers and quantity surveyors, (ii) surveyors, (iii) accountants, (iv) solicitors, (v) barristersBarristers They are specialist legal advisers and courtroom advocates. They are trained to advise clients on the strengths and weaknesses of their case. They have specialist knowledge and experience in and out of court. Practising barristers must hold a practising certificate issued by us. Barristers’ Register is an online database which displays details of all barristers who have a current practising certificate. read more about BSB. The Inns of Court or “Inns” are professional membership associations for barristers in England and Wales. The Bar Council is the representative body for barristers., (vi) medical practitioners, and (vii) insurance brokers. (See : Jackson and Powell on Professional Negligence, paras 1.01 and 1.03, 3rd Edn.”
………………….
………………….
Immunity from suit was enjoyed by certain professionals on the grounds of public interest. The trend is towards narrowing of such immunity and it is no longer available to architects in respect of certificates negligently given and to mutual valuers. Earlier, barristers were enjoying complete immunity but now even for them the field is limited to work done in Court and to a small category of pre-trial work which is directly related to what transpires in Court. See. Jackson and Powell, para 1.66; Saif Ali v. Sidney Mitchell & Co., (1980) 1 AC 198; Rees v. Sinclair (1974) 1 NZLR 188. Giannarelli v. Wraith (1988) 81 ALR 417. Medical practitioners do not enjoy an immunity and they can be sued in contract or tortTort A civil wrong or breach of a duty to another person as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. on the ground that they have failed to exercise reasonable skill and care.
It would thus appear that medical practitioners, though belonging to the medical profession, are not immune from a claim for damages on the ground of negligence. The fact that they are governed by the Indian Medical Council Act and are subject to the disciplinary control of Medical Council of India and/or State Medical Councils is no solace to the person who has suffered due to their negligence and the right of such person to seek redress is not affected.
…………………
…………………
We are, therefore, unable to subscribe to the view that merely because medical practitioners belong to the medical profession they are outside the purview of the provisions of the Act and the services rendered by medical practitioners are not covered by Section 2(1)(o) of the Act.
………………….
………………….
It cannot, therefore, be said that since the members of the Consumer Disputes Redres-sal Agencies are not required to have knowledgeKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "η γνώση," "Scientia," "ज्ञानम् ," and "知识 Zhīshì," respectively. and experienceExperience εμπειρία in medicineMedicine Refers to the practices and procedures used for the prevention, treatment, or relief of symptoms of diseases or abnormal conditions. This term may also refer to a legal drug used for the same purpose. Much of modern medicine is about management of chronic disease and prevention of more serious sequelae—not actual cures., they are not in a position to deal with issues which may arise before them in proceedings arising out of complaints about the deficiency in service rendered by medical practioners.”
………………….
………………….
In complaints involving complicated issues requiring recording of evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 of experts, the complainant can be asked to approach the civil Court for appropriate relief. Section 3 of the Act which prescribes that the provisions of the Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force, preserves the right of the consumer to approach the civil Court for necessary relief. We are, therefore, unable to hold that on the ground of composition of the Consumer Disputes Redressal Agencies or on the ground of the procedure which is followed by the said Agencies for determining the issues arising before them, the service rendered by the medical practitioners are not intended to be included in the expression ‘service’ as defined in Section 2(1)(o) of the Act.”
13. The above decision of the Supreme CourtDecision of the Supreme Court Normally, the decision of the Supreme Court enunciating a principle of law is applicable to all cases irrespective of the stage of pendency thereof because it is assumed that what is enunciated by the Supreme Court is, in fact, the law from inception. (Mrs. Bhumikaben N. Modi & Ors. v. Life Insurance Corporation of India-[2024] 6 S.C.R. 452) is a complete answer to the question raised by the petitioners in these matters. It is not necessary for us to add anything thereto in order to reject the contentions of the petitioners. It may also be pointed out that the validity of several provisions of the Act has been upheld by a Division Bench of this Court in the The Registrar, University of Madras and Another Vs. Union of India (UOI) and Others, to which one of us (Srinivasan, J.) was a party. Learned counsel for the petitioners submitted that the Act has been struck down as unconstitutional by the Calcutta High CourtHigh Court at Calcutta The High Court at Calcutta (High Court of Judicature at Fort William>opened on 1st July 1862, with Sir Barnes Peacock as its first Chief Justice) was established by the Letters Patent dated 14th May 1862 (High Court's Act, 1861), which provided the jurisdiction and powers of the High Court. relying on a newspaper report. But, it is seen from the subsequent reports in the newspapers that the said judgment has been appealed against and the appellate Bench has granted stay of operation of the order by which the single Judge struck down the provisions of the Act. But, it is unnecessary for us to take note of the same in view of the fact that a Division Bench of this Court has upheld the validity of the provisions of the Act, we are not hound by the judgment of the Calcutta High Court.
14. In the result, all the contentions urged by the petitioners are negatived and the writ petitions are dismissed. No costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs.. It is needless to point out that it is open to the Advocates, in all these petitions against whom proceedings have taken before the Consumer Redressal Forum, to raise all defences available to them in law excepting the question that the Advocates are not covered by the provisions of the Consumer Redressal Act.
(1996) AIRAIR All India Reporter(Madras) 427 : (1996) 5 CompLJ 496 : (1996) 2 CTC 402 : (1996) 2 ICC 843 : (1996) 1 LW 473 : (1996) 2 MLJ 482 : (1996) MLW 473