A three- Judge bench of the SC in a recent ruling said that that the privilege of advocates to represent the consumer in the District, state and national Fora is not a matter of right. It was for the court to carefully discern and articulate the legislative intent of an act. . The legislature conferred this permission to authorised agents as most of the cases in consumer forums being petty litigation’s sans legal intricacies, involving poor litigants who cannot afford heavy professional fees to advocates. In the appeals filed by G.Venkatachalam and Bar council of India against a Bombay High Court Judgment, the basic issue considered was ‘ Whether a person under the cover of being an “ agent” could represent a large number of parties before the forums there by frustrating objects embodied in The Advocate’s Act.?’
Dismissing the appeal and upholding the impugned judgment Justice Dalveer Bhandari delivered the judgment, and said that courts cannot compel consumers to use the services of the advocate. The Bench directed the National consumer Commission to frame comprehensive rules within three months on agents, representatives , registered organizations and /or non advocates of consumers, their, qualifications, conduct and ethical behavior.It was also suggested that a process of accrediting non advocates through an examination, to act as representatives before Fora can be considered.
Reported By Lydia Chitra Jacob
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