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SC: Advocates not liable under CPA for deficiency of services

Why is it in the news?

  • Supreme Court rules that advocates are not held liable under the Consumer Protection Act (CPA) for deficiencies in services.

More about the news

  • The Supreme Court has overturned the judgment of the National Consumer Disputes Redressal Commission (2007), which had previously stated that services provided by lawyers fall under the purview of the CPA of 1986 (re-enacted in 2019).
  • According to the Supreme Court, professionals, including advocates, should be treated separately from individuals engaged in business or trade and are therefore not subject to the provisions of the CPA.
  • Additionally, the court has called for a review of the 1995 judgment by VP Shantna, which held that doctors and medical professionals could be held liable under the CPA.
About Consumer Protection Act (CPA)

路聽聽聽聽聽聽 The CPA of 1986 was enacted to enhance the protection of consumer interests and establish consumer protection councils for the resolution of consumer disputes, among other provisions.

路聽聽聽聽聽聽 The CPA of 2019 replaced the earlier version and introduced stronger measures for consumer protection.

Key features of the CPA of 2019:

路聽聽聽聽聽聽 An expanded definition of ‘consumer’ to encompass individuals who purchase or use goods or services online or through electronic means;

路聽聽聽聽聽聽 The establishment of the Central Consumer Protection Authority to safeguard consumer rights;

路聽聽聽聽聽聽 Streamlined dispute redressal mechanisms including mediation and e-filing of complaints;

路聽聽聽聽聽聽 Provisions for product liability actions against manufacturers and service providers, and

路聽聽聽聽聽聽 Specific measures to prevent unfair trade practices in e-commerce and direct selling sectors.

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