The Supreme Court of India has declined to refer its recent judgment, which excluded legal professionals from the purview of the Consumer Protection Act, 1986 (CPA), to a larger bench. This decision was taken by a three-judge Bench comprising Justice B.R. Gavai, Justice Prashant Kumar Mishra and Justice K.V. Vishwanathan.
It may be recalled that in May 2023, a two-judge bench of the Supreme Court referred the matter to a larger bench to reconsider the 1995 judgment in Indian Medical Association v. VP Shantha, which held that medical professionals could be held liable under the CPA.
The Court’s Reasoning
The bench held that the question of whether other professionals, besides legal professionals, should be covered under the CPA could be considered in future cases with relevant factual scenarios.
The Court emphasized that the 2024 judgment specifically dealt with the unique nature of the legal profession and did not intend to broaden the scope of the CPA to include all professions.
The Court’s decision suggests that medical professionals may continue to be held accountable under the CPA for professional negligence or malpractice. However, the specific contours of this liability may need to be further clarified by future judgments.
It is important to note that this decision does not definitively settle the issue of whether all professionals should be covered by the CPA. The Court has indicated that future cases with specific factual contexts may provide opportunities to address this question.
