C. Venkatachalam vs Ajitkumar C. Shah & Ors

9. The Division Bench also held that there are various statutes like Income Tax Act, Sales Tax Act and the 4 Monopolies and Restrictive Trade Practices Act which permit non-advocates to represent the parties before the authorities under those Acts and those non-advocates appearing before those Forums for the parties cannot be said to practise law.

12. A two-judge Bench of this Court on 21.2.2007 referred these matters to a larger Bench in view of the importance of the matter. The order dated 21.2.2007 reads as under:

Maharashtra Consumer Protection Rules, 1987 7 Rule 2(b) defines an Agent to mean "a person duly authorized by a party to present any complaint, appeal or reply on its behalf before the State Commission or the District Forum."

54. The clear interpretation of the Rules is that the authorised agent appointed by the (consumer) complainant may appear before the Consumer Fora. The Consumer Fora 28 may, in its discretion, either dismiss the appeal or decide it on the merit of the case. In this view of the matter, it is abundantly clear that the authorized agent of the complainant can act and plead before the State Tribunal otherwise the complaint is liable to the dismissed.

81. The other reason is that a large number of litigants may not be able to afford heavy professional fees of trained advocates, therefore, authorized agents have been permitted.

82. It is the bounden duty and obligation of the Court to carefully discern the legislative intention and articulate the same. In the instant case we are not really called upon to discern legislative intention because there is specific rule defining the agents and the provisions of permitting them to appear before the Consumer Forums. The agents have been permitted to appear to accomplish the main object of the act of 40 disposal of consumers' complaints expeditiously with no costs or small costs.

judicial proceedings.

7 The individual fora (administrative law courts) are allowed to create their own rules for non-attorney representatives.

7 Several administrative law courts/fora allow non-

Social Security Administration

94. According to SSA Rules, any attorney in good standing is allowed to represent a claimant before the ALJ and Appeals Council. A non-attorney is allowed to represent a claimant if the non-attorney :

Non-Attorney Representation

98. Representatives before the Court are instructed to act "in accordance with the letter and spirit of the Model Rules of Professional Conduct of the American Bar Association."

Representatives may be disciplined for inappropriate conduct and may be suspended or banned from appearing in the Court.

Court of Appeals for Veterans' Claims

99. The Court of Appeals for Veteran's Claims reviews decision of the Board of Veterans' Appeals, which adjudicates disputes pertaining to Veteran's benefits.

Non-Attorney representation

100. A non-attorney may represent claimants if (1) he is under direct supervision of an attorney or (2) he is employed by an organization that the Secretary of Veteran's Affairs has deemed is competent to handle veterans' claims. However, if the Court deems it appropriate it may admit non-attorney representatives to represent the claimants.

England and Wales

103. Magistrates' Courts are lowest level of court in England and Wales and deals with minor civil and criminal offences.

Tribunals

104. England and Wales also have a fairly complex system of tribunals that hear special complaints. These tribunals are similar to US administrative courts in that they are allowed to create their own procedural rules that regulate representation.

105. There is no bar for small claims court. A non-attorney may appear as a representative without prior authorization from the court. He may, however, be dismissed at the judge's discretion.

Australia

attorney is in the exclusive employment of the aggrieved party.

Also, the statute mentions that a non-attorney representative may appear if empowered by some other piece of legislation.

New Zealand

professional lawyers are rarely allowed to appear as representatives. Two tribunals are discussed below, but New Zealand's other tribunals should function similarly.

Disputes Tribunal

108. The Disputes Tribunal hears civil complaints that concern amounts less than $15,000. Parties subject to proceedings are generally required to represent themselves.

Representatives may only appear with specific authorization from the Tribunal and cannot be lawyers.

Directions

109. In order to ensure smooth, consistent, uniform and unvarying functioning of the National Commission, the State Commissions and the District Forums, we deem it appropriate to direct the National Commission to frame comprehensive rules regarding appearances of the agents, representatives, registered organizations and/or non-advocates appearing before the National Commission, the State Commissions and the District Forums governing their qualifications, conduct 52 and ethical behaviour of agents/non-

advocates/representatives, registered organizations and/or agents appearing before the consumer forums.

1) is appearing on an individual case basis

2) has a pre-existing relationship with the complainant (e.g., as a relative, neighbour, business associate or personal friend)

3) is not receiving any form of direct or indirect remuneration for appearing before the Forum and files a written declaration to that effect

4) demonstrates to the presiding officer of the Forum that he or she is competent to represent the party.

Accreditation Process

b) Non-advocates who are accredited through this process shall be allowed to appear before a Forum on a regular basis

c) The accreditation process may consist of -

1) an written examination that tests an applicant's knowledge of relevant law and ability to make legal presentations and arguments

2) an inspection of the applicant's educational and professional background

3) an inspection of the applicant's criminal record

d) the National Commission may prescribe additional requirements for accreditation at its discretion provided that the additional requirements are not arbitrary and do not violate existing law or the Constitution.

Fees

b) The presiding officer will decide the amount of the fee, if any, a representative may charge or receive

Disciplinary Powers of a Forum

(a) The presiding officer of a Forum may be given specific power to discipline non-advocates, agents, authorized organizations and representatives for violating the code of conduct or other behaviour that is unfitting in a Forum 55

(b) In exercising its disciplinary authority, the presiding officer may -

1) revoke a representative's privilege to appear before the instant case

2) suspend a representative's privilege to appear before the Forum

3) ban a representative from appearing before the forum

4) impose a monetary fine on the representative

111. We direct the National Commission to frame comprehensive Rules as expeditiously as possible, in any event, within three months from the date of communication of this order. The copy of this judgment be sent to the National Commission.

112. On consideration of totality of the facts and circumstances, the view taken by the Division Bench of the Bombay High Court in the impugned judgment cannot be said to be erroneous and unsustainable in law. Consequently, these appeals being devoid of any merit are accordingly dismissed.

113. In the facts and circumstances of the case, we direct the parties to bear their own costs.

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