Court Directs Strict Adherence to Consumer Court Representation Rules, Prohibits Non-Advocates from Acting on Broad Authority Letters.
23 December 2024
Consumer Law >> Civil & Consumer Law
In Anuj Kumar Chauhan & Another v/s Lieutenant Governor Nct of Delhi & Others., the petitioners, practicing advocates from Delhi, have filed a writ petition addressing the issue of non-advocates or agents improperly representing parties in Consumer Courts. They argue that this practice violates 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. According to the petition, non-advocates should only be allowed representation if authorized through a valid document, but many instances have been observed where individuals appear based on inadequate or unauthorized authority letters.
The court found that such practices, where non-advocates assume core responsibilities like signing documents and arguing cases, undermine the role of advocates and are inconsistent with the Advocates Act, 1961. The court issued the following directives:
Consumer Commissions in Delhi must ensure that representation complies with the 2014 Regulations.
The practice of allowing non-advocates to appear based on general authority letters is prohibited with immediate effect.
Dispute Redressal Commissions must identify and report cases where non-advocates or agents are representing parties improperly.
The Bar Council of Delhi and Bar Council of India must provide their views on the matter.
The court has set a schedule for filing counter-affidavits and further notices, with a hearing scheduled for 18th March 2025.