Consumer Protection Act, 1986: Deficiency in service – Compensation – Claim of – Complainant filed complaints through three advocates against BSNL – Dismissed by the District Forum on merits – Pursuant thereto, complainant filed complaint against three advocates who appeared for him alleging deficiency in service on their part before the District Forum – Dismissed by the Fora below – On appeal, held: Once the complaints came to be dismissed on merits and there was no negligence on the part of the advocates at all, it cannot be said that there was any deficiency in service on the part of the advocates who appeared on behalf of the complainant and lost on merits – Only in a case where it is found that there was any deficiency in service by the advocate, there may be some case – In each and every case where a litigant has lost on merits and there is no negligence on the part of the advocate, it cannot be said that there was any deficiency in service by the advocate – In every litigation, either of the party is bound to lose and in such a situation either of the party who will lose in the litigation may approach the consumer fora for compensation alleging deficiency in service, which is not permissible at all – Fora below rightly dismissed the complaint filed by the complainant against the advocates who appeared on behalf of the complainant in the said three complaints, which were dismissed on merits.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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