In an important recent decision (III (2011) CPJ 33 (SC)), the Supreme Court has upheld the right of non-lawyers to appear before consumer courts.
Bar Council of India, which was one of the parties had contended that according to Sec. 33 of the the Advocates Act (which reads: Advocates alone entitled to practise.-Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.), only advocates can plead and argue before the consumer courts. Therefore, it prayed for barring non-advocates from representing parties before consumer courts.
But the Supreme Court did not agree with this argument. It said that Consumer Protection Rules made under the Act speak of "the complainant or his authorized agent" and therefore give the complainant has the option of appearing personally before the consumer court or have his authorized agent appear for him. The same thing holds for the defendant also. The Court pointed out that engagement of advocates, especially when the claim is for a small amount may not be economically viable. Also, if the claim involves deficiency in service, a professional like a doctor, architect or an engineer may be more suitable to present the case than an advocate. Such an interpretation of the law is not only literally correct, but also promotes the declared objectives of the law. It helps the claimant and the defendant equally and it does not violate any provision of the Advocates Act, the Court noted.
The Court also noted that non-advocates are permitted to appear in various forums such as the Income Tax Tribunal, Sales Tax Tribunal and the Monopolies and Restrictive Trade Practices Commission. It is the legislative intention that non-advocates appear before many judicial and quasi-judicial bodies, it said.
For these reasons, the Supreme Court ruled that authorized agents who are not professional advocates can appear for the parties before consumer courts. To prevent non-advocates making a profession out of appearing as authorized agents, the Supreme Court directed the National Consumer Commission to frame detailed rules regarding appearance of agents. It suggested creating an accreditation process for agents who wish to collect fee and a bar on collecting fees by non-accredited agents.