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As per Consumer Protection Act losing a case on merit cannot be termed as deficiency in service by advocate: SC
As per Consumer Protection Act losing a case on merit could not be termed as deficiency in service by the advocate: Supreme Court
Hon’ble Supreme Court in Nandlal Lohariya v. Jagdish Chand Purohit and Ors. [S.L.P. (C) Diary No. 24842 of 2020, decided on November 8, 2021] held that in each and every case where a litigant has lost the case on merits and is not guilty of negligence, it cannot be said that there was any deficiency in service by the litigant. Further, held that in every case either of the party is bound to loose and in such situation, the party who lost the case will approach consumer forum alleging deficiency in service and demand for compensation, which is not permissible.
Nandlal Lohariya (Petitioner) filed three complaints against BSNL before the District Forum through his three advocates. All the three complaints were dismissed by the District Forum on merits. Further, the Petitioner filed complaint against the three advocates who appeared on behalf of him in the abovementioned complaint alleging deficiency in service on their part in contesting his cases before the District Forum.
The District Forum dismissed the complaint and observed that there was no negligence on the part of the advocates in prosecuting and/or conducting the complaints, similar view was taken by the State Commission and National Commission. Aggrieved by the same the Petitioner preferred the present Special Leave Petition (“SLP”).
The Hon’ble Supreme Court observed that the three advocates who appeared for the Petitioner before the District Forum lost the case on merits therefore it cannot be alleged that there was deficiency of service on part of three advocates while contesting the three complaints.
Held that, the District Forum has rightly dismissed the complaint filed by the Petitioner and has rightly been confirmed by State Commission and National Commission.
Observed that, if submissions advanced by the Petitioner are accepted, then in each and every case where the litigant has lost on merits has to face the allegations of deficiency of service before the consumer forum.
Further held that, losing the case on merits after the advocate argued the matter cannot be said to be deficiency in service on the part of the advocate.
Team edu-visor