Losing a case after arguing the matter cannot be termed as a deficiency in service on the part of an advocate, the Supreme Court has said. The top court said 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,
“Losing the case on merits after the advocate argued the matter cannot be said to be a deficiency in service on the part of 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,” a bench comprising Justices MR Shah and BV Nagarathna said
It said only in a case where it is found that there was any deficiency in service by the advocate, there may be some case.
The observations came on an appeal filed by a man challenging an order of the National Consumer Disputes Redressal Commission which dismissed his plea alleging deficiency on part of three advocates whom he had engaged for a case.
The top court in its November 8 order said the District Forum, State Commission, and the National Commission have rightly dismissed the complaint filed by the petitioner against the three advocates who appeared on his behalf.
“There is no substance in the present special leave petitions. We would have dismissed the special leave petitions with exemplary costs, however, as the present proceedings arise out of the order passed by the consumer forum, we refrain from imposing any exemplary costs while dismissing the present special leave petitions,” the bench said.
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