Thursday, September 8, 2016

Whether Advocates are liable under consumer protection Act ?

This is often talked and joked by people connected with the legal arena but the question is surely important as advocates are also professionals like many others rendering services for payments and whether their services comes under purview of consumer protection act 1986? The tussle is already started long back when some one filed case which was got decided and further appealed and now stayed by the apex court.
We may get a good piece of verdict on this but have to wait until it comes out.

The State Commission, Delhi, held that services rendered by a Lawyer would not come within the ambit of s. 2(1)(o) of the Consumer Protection Act, 1986, as the client executes the power of attorney authorizing the Counsel to do certain acts on his behalf and there is no term of contract as to the liability of the lawyer in case he fails to do any such act. The State Commission held that it is a unilateral contract executed by the client giving authority to the lawyer to appear and represent the matter on his behalf without any specific assurance or undertaking.
This verdict was reversed by the National Consumer Disputes Redressal Commission on the ground that lawyers are rendering a service. They are charging fees. It is not a contract of personal service and that there was no reason to hold that they are not covered by the provisions of the Consumer Protection Act, 1986. It was held that though a Lawyer may not be responsible for the favourable outcome of a case as the result/out come does not depend upon only on lawyers’ work, but, if there was deficiency in rendering services promised, for which consideration in the form of fee is received by him, then the lawyers can be proceeded against under the Consumer Protection Act.
The said judgement of the NCDRC has now been stayed by the Supreme Court

The main case for reference is  D.K. Gandhi vs M. Mathias and decided by NCDRC in August 2007 and pending as now...

I am soon starting a Judgements page where i will be putting important judgements collected  for reading and reference.

Sunday, June 5, 2016

Domestic Violence Act a few case know

We all know this Domestic Violence Act has been passed to secure women in general but it is not limited to women only it is for the vulnerable persons having a domestic relationship living in a family and all of them are covered. So even mothers can take shelters of courts for violence against son and daughters.
LIVE In relationship is out of the purview of the act and a women staying with their partner under a livein relationship can not take shelter of the domestic violence act as per the recent supreme court decision Indra sarma V. kv Sarma 2013(8) supreme court 122 ( click here to read the judgement) But the act recognises living relationships too.
Thus, if a woman is living with a man who abuses her, she can take recourse to the provisions of this law even though she is not married to him.
According to section 2(g), any relationship between two persons who live, or have at any point of time lived together in the shared household, is considered a ‘domestic relationship’.
This includes relations of consanguinity, marriage, or through relationships in the nature of marriage, adoption, or joint family – thus, ‘domestic relationships’ are not restricted to the marital context alone.
‘Domestic relationships’ also cover sisters, widows, mothers, daughters, women in relationships of cohabitation, single women etc. Any widow or unmarried sister or daughter who is harassed within the home can also resort to the new law.
The law also protects women in fraudulent or bigamous marriages, or in marriages deemed invalid in law.

Further maintaining wife and children is the obligation of the husband and depriving a women from money to support herself is also recognised as domestic violence but a women can not claim maintainance from the inlaws though she is entitled to claim this from her husband only.

Now who are covered under the domestic violence act..
Women and children. Section 2(a) of the Act will help any woman who is or has been in a domestic relationship with the ‘respondent’ in the case.
It empowers women to file a case against a person with whom she is having a ‘domestic relationship’ in a ‘shared household’, and who has subjected her to ‘domestic violence’.
Children are also covered the act; they too can file a case against a parent or parents who are tormenting or torturing them, physically, mentally, or economically. Any person can file a complaint on behalf of a child.

 click here to read the domestic violence act 2005

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