C. VENKATACHALAM versus AJITKUMAR C. SHAH AND OTHERS

C. VENKATACHALAM versus AJITKUMAR C. SHAH AND OTHERS

Appearance by authorized agents who are not advocates before Consumer Fora is permitted by statute and is not inconsistent with section 33 of the Advocates Act, 1961. The legislative intent is to provide expeditious, inexpensive remedies for consumers and to allow representation by authorized agents without compelling engagement of advocates. Courts cannot interpret the statute to take away this option; Consumer Forums may regulate the conduct of agents.

Parties
Appellant: C. Venkatachalam; Respondent: Ajitkumar C. Shah and Others
Jurisdiction
India
Judgment Date
29 August 2011
Procedural Posture
Civil Appeal / Appeal From Bombay High Court; Final Disposition
Outcome
Appeals dismissed
Legal Topics
Appearance Before Consumer Fora, Authorized Agents, Advocates Act, Regulation of Practice by Non Advocates
Consumer Protection Legal Profession Appearance Before Consumer Fora Authorized Agents Advocates Act Regulation of Practice by Non Advocates

Case Brief

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Parties

C. Venkatachalam

Appellant

Ajitkumar C. Shah and Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court; Final Disposition

Legal Issues

  1. 1 Whether authorized agents who are not advocates can file complaints and represent persons before the Consumer Fora as lawyers without violating the Advocates Act, 1961

Ratio Decidendi

Appearance by authorized agents who are not advocates before Consumer Fora is permitted by statute and is not inconsistent with section 33 of the Advocates Act, 1961. The legislative intent is to provide expeditious, inexpensive remedies for consumers and to allow representation by authorized agents without compelling engagement of advocates. Courts cannot interpret the statute to take away this option; Consumer Forums may regulate the conduct of agents.

Court Disposition

Appeals dismissed

Orders

  • National Commission directed to frame comprehensive rules regarding appearances of agents, representatives, registered organizations and/or non-advocates before Consumer Fora within three months of communication of order.
  • Parties to bear their own costs.