Non-lawyers can represent clients in consumer courts: Supreme Court
In a decision which may give lawyers a run for their money, the Supreme Court has said non-advocates can represent litigants in the country’s consumer courts as their authorised agents.
The decision by a three-judge Bench led by Justice Dalveer Bhandari is a blow to the lawyer community, which challenged competition from persons without law degrees.The Consumer Protection Act, a compact statute, says that a complainant can either personally appear or be represented by an authorised agent or an advocate.The court refused to intervene, saying that it cannot question or change the original legislative intent of the Act.
Justice Bhandari said the legislature would have thought that the poor litigants who come to the consumer court may not be able to afford the “heavy” lawyers’ fee.The court turned down the Bar Council of India plea, that only advocates should be allowed to appear before a consumer forum.
But it said that the National Consumer Commission, the highest consumer redressal forum in the country, has framed guidelines for conduct of these “non-advocates”. (Express News Service)
source: http://www.rtitoday.com/detailarticle.php?articleid=1362
Popularity: 27% [?]
After the Hon’ble Supreme Court’s recent clarifications, it is a settled law now that non-advocates may represent litigants before Consumer Fora in India. It is welcome judicial pronouncement clearing the apprehensions in this regard.
Moreover, the attempt of the advocates to seek consumer protection matters exclusively within their ambit stands disregarded, and rightly so in public interest.
However, the guidelines laid down by the Hon’ble National Commission for conduct of the non-advocates may be of immense help to improve performance before Consumer Fora.
Prof. Amar N. Gupta, DU