Whether a losing party can sue her Advocate before the Consumer Forum for deficiency in Service
In a recent matter decided by the Supreme Court [Nandlal Lohariya v. Jagdish Chand Purohit and others (Special Leave Petition(C) Diary No. 24842 of 2021), the petitioner filed a complaint against three advocates who appeared on behalf of the petitioner in three complaints against BSNL. The Petitioner alleged deficiency in service on their part in contesting his cases against BSNL before the District Forum.
The District Forum dismissed the complaint filed by the petitioner and the State Commission and the National Commission confirmed the decision of the District Forum where it was held that there was no negligence on the part of the advocates at all and that there was no deficiency in service.
The Court found that there was no substance in the present special leave petitions and upheld the decision of the National Commission. The Court observed that “In each and every case where a litigant has lost on merits and there is no negligence on the part of the advocate/s, it cannot be said that there was any deficiency in service by the advocate/s”. The Court further stated that if the submission advanced on behalf of the petitioner is accepted, in that case, in each and every case where a litigant has lost on merits and his case is dismissed, he will approach the consumer fora and pray for compensation alleging deficiency in service. The Court clarified that it cannot be said to be deficiency in service on the part of the advocate when the party has lost the case after the advocate argued the matter on merits. Further, one party is bound to lose in a litigation and it is not permissible that the party who loses in the litigation may then approach the consumer fora for compensation alleging deficiency in service.
On the grounds stated above the Special Leave Petition was dismissed.
