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Supreme Court Revisits Applicability of Consumer Protection Act to Professionals (Doctors & Lawyers).
The Supreme Court of India has recently revisited the question of whether professionals, such as lawyers and doctors, fall under the purview of the Consumer Protection Act (CPA).
Three-Decade-Old Precedent Reexamined
In a landmark judgment, the Court observed that its 1995 decision in the Indian Medical Association case, which brought medical services under the CPA, deserves to be reviewed by a larger bench.
The Court questioned whether the Act intended to include professionals like doctors and lawyers, considering the unique nature of their services.
Professionals Not “Businessmen” Under Consumer Law
Justice Bela M. Trivedi, delivering the judgment, clarified that the CPA targets businesses and traders, not professions.
The Court reasoned that professionals provide services based on specialized knowledge and expertise, unlike commercial enterprises driven by profit.
The Court reasoned that professions like law and medicine are distinct from businesses, and the services rendered by professionals shouldn’t be equated to those provided by businessmen or traders.
Legal Services Excluded from Consumer Act
The Supreme Court specifically addressed the case of lawyers, setting aside a lower court decision that brought them under the CPA.
The Court held that the lawyer-client relationship constitutes a “contract of personal service,” where the client exercises significant control over the lawyer’s work.
This type of contract falls outside the definition of “service” under the CPA.
Justice Bela M Trivedi, delivering the judgment, stated that the CPA was not intended to encompass professionals or their services.
The Court highlighted the key differences between professions and businesses, emphasizing that professionals possess specialized knowledge and their services lack the commercial aspect inherent in business transactions.
Professionals Still Accountable for Misconduct
While exempt from the CPA, the Court emphasized that professionals remain accountable for negligence or misconduct.
They can be sued under civil or criminal law depending on the nature of the offense.
Professional bodies like Bar Councils and Medical Councils also retain their disciplinary powers.
Contracts of Personal Service Excluded
The Court delved into the legal distinction between contracts “for services” and “of personal service.”
They concluded that the significant control exercised by clients over lawyers’ work during their engagement classifies legal services as contracts “of personal service.”
This type of contract falls outside the definition of “service” under the CPA.
Conclusion
The Supreme Court’s judgment clarifies the scope of the Consumer Protection Act, excluding professionals like lawyers and doctors from its reach.
However, the decision to revisit the 1995 precedent on medical services suggests a potential shift in how the Court views professional negligence in healthcare.
Supreme Court Revisits Applicability of Consumer Protection Act to Professionals (Doctors & Lawyers).