Upholding Advocacy Standards in Consumer Courts: A Delhi High Court Ruling
In a landmark decision on December 23, 2024, the Delhi High Court addressed unauthorized representation in consumer courts in the case of Anuj Kumar Chauhan and Anr v. Lieutenant Governor NCT of Delhi and Ors (Case No.: W.P.(C) 17737/2024). The petitioners, practicing advocates, highlighted issues with non-advocates representing parties without proper authorization, often violating the Consumer Protection (Procedure for Regulation of Allowing Appearance of Agents or Representatives or Non-Advocates or Voluntary Organizations before the Consumer Forum), Regulations, 2014.
Court’s Key Findings
Unauthorized Delegation: Instances of advocates delegating core responsibilities to non-advocates via general authority letters contravened the Advocates Act, 1961.
Ethical Concerns: Non-advocates, not bound by the Act’s professional obligations, jeopardize confidentiality and procedural integrity.
Directives Issued
The court prohibited the use of general authority letters for representation by non-advocates, instructed Consumer Commissions to review pending cases involving unauthorized representation, and directed the Bar Councils to provide recommendations on the issue.
Implications
This ruling reinforces professional accountability and ensures compliance with legal standards in consumer forums, safeguarding the integrity of legal advocacy.
This decision underscores the importance of upholding ethical standards and procedural rigor in consumer disputes, paving the way for a more professional legal system.