The Supreme Court’s ruling on May 14th has exempted lawyers from the purview of the Consumer Protection Act (CPA) of 1986. This decision was made in response to an appeal against a 2007 ruling that held lawyers accountable under the CPA for deficiencies in their services.
The court classified legal representation as a ‘unique service’ that falls outside the definition of service under the CPA. This distinction between professionals and businesses means that lawyers can now only be sued in ordinary courts for negligence and other malpractices, rather than being taken to consumer redressal forums.
This exemption for lawyers sets a precedent for other professionals, such as doctors. The court indicated that its 1996 ruling holding doctors accountable under the CPA may need to be revisited. If doctors are also exempted, consumers will have limited options for redress in cases of professional negligence.
While consumers can still approach regular courts for any deficiencies in service, this process is more laborious and time-consuming than the specialized consumer disputes redressal forums established under the CPA. This exemption for professionals from the CPA adds to the burden on regular courts, which are already facing a backlog of cases.
