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Moot Final Memorial Freshers
Moot Final Memorial Freshers
TABLE OF AUTHORITIES
II. LIST OF ABBREVIATIONS
III. FACTS
IV. ISSUES
V. ARGUMENTS AND AUTHORITIES
Vl.ADVANCE ARGUMENTS.
VIl. RELIEF SOUGHT
VIIl. PRAYER FOR RELIEF
lX. CONCLUSION
X ANNEXURES
Xl CASE-LAWS
AUTHORITIES
THE ADVOCATES FALL WITHIN THE PROVISIONS
OF THE PROTECTION OF CONSUMER RIGHTS
ACT, 2019.
THE AWARD IS NOT IN VIOLATION OF THE
FUNDAMENTAL RIGHT TO PRACTICE ANY
PROFESSION OR TO CARRY ON ANY
OCCUPATION AS CONTEMPLATED UNDER
ARTICLE 19(1)(G) OF THE CONSTITUTION OF
INDIA.
THE SUPREME COURT HAS CONSISTENTLY
HELD THAT THE RIGHT TO PRACTICE A
PROFESSION OR CARRY ON AN OCCUPATION
UNDER ARTICLE 19(1)(G) IS SUBJECT TO
REASONABLE RESTRICTIONS, SUCH AS IN THE
INTEREST OF THE GENERAL PUBLIC.
THE NCDRC'S AWARD WAS A REASONABLE
RESTRICTION IN THE INTEREST OF PROTECTING
THE CONSUMER'S RIGHTS AND ENSURING
ACCOUNTABILITY OF SERVICE PROVIDERS.
LIST OF ABBREVIATIONS
ABBREVIATIONS THAT CAN BE USED IN THE
ABOVE CASE:
NCDRC - NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION
INR - INDIAN RUPEES
SC - SUPREME COURT
CONSTITUTION - CONSTITUTION OF INDIA
ART. - ARTICLE
ADV. – ADVOCATE
DEF. – DEFENDANT
PL. – PLAINTIFF
COMP. – COMPENSATION
FUND. - FUNDAMENTAL
PROF. - PROFESSION
OCC. - OCCUPATION
III. FACTS
SRI. BERRY PETER AND STI. AJATHSHATRU (THE
"ADVOCATES") REPRESENTED JOHN KITKAT IN
A LEGAL MATTER RELATING TO HIS
AGRICULTURAL LAND.
DUE TO THE INEFFICIENCY AND NEGLIGENCE
OF THE ADVOCATES, JOHN KITKAT LOST HIS
AGRICULTURAL LAND WHICH WAS HIS
LIVELIHOOD.
JOHN KITKAT FILED A CASE AGAINST THE
ADVOCATES BEFORE THE NATIONAL
CONSUMER DISPUTES REDRESSAL
COMMISSION (NCDRC) FOR DEFICIENCY OF
SERVICE AND CLAIMED INR 2.5 CRORE AS
COMPENSATION.
THE NCDRC ALLOWED JOHN KITKAT'S CLAIM
AND AWARDED INR 2.5 CRORE AS
COMPENSATION, DIRECTING BOTH THE
ADVOCATES TO PAY THE AWARD AMOUNT
WITHIN TWO MONTHS FROM THE DATE OF THE
ORDER.
THE ADVOCATES APPROACHED THE SUPREME
COURT AGAINST THE AWARD OF NCDRC AND
CONTENDED THAT, AMONG OTHER THINGS,
THE AWARD IS IN VIOLATION OF ARTICLE 19(1)
(G) OF THE CONSTITUTION OF INDIA.
THE SUPREME COURT ISSUED A STAY AGAINST
THE OPERATION AND EXECUTION OF THE
AWARD.
THE CASE IS NOW SET FOR HEARING BEFORE
THE SUPREME COURT.
IV. ISSUES
WHETHER THE ADVOCATES FALL WITHIN THE
PROVISIONS OF THE PROTECTION OF
CONSUMER RIGHTS ACT, 2019?
WHETHER THE AWARD IS IN VIOLATION OF THE
FUNDAMENTAL RIGHT TO PRACTICE ANY
PROFESSION OR TO CARRY ON ANY
OCCUPATION AS CONTEMPLATED UNDER
ARTICLE 19(1)(G) OF THE CONSTITUTION OF
INDIA?
V. ARGUMENTS AND AUTHORITIES
THE ADVOCATES FALL WITHIN THE PROVISIONS
OF THE PROTECTION OF CONSUMER RIGHTS
ACT, 2019, AS THE ACT DEFINES A 'SERVICE
PROVIDER' TO INCLUDE ANY PERSON WHO
PROVIDES SERVICE, INCLUDING AN ADVOCATE.
THE AWARD IS NOT IN VIOLATION OF THE
FUNDAMENTAL RIGHT TO PRACTICE ANY
PROFESSION OR TO CARRY ON ANY
OCCUPATION AS THE ADVOCATES WERE NOT
DEPRIVED OF THEIR RIGHT TO PRACTICE LAW,
BUT WERE HELD LIABLE FOR THEIR DEFICIENT
SERVICE TO THEIR CLIENT.
THE SUPREME COURT HAS CONSISTENTLY
HELD THAT THE RIGHT TO PRACTICE A
PROFESSION OR CARRY ON AN OCCUPATION
UNDER ARTICLE 19(1)(G) IS SUBJECT TO
REASONABLE RESTRICTIONS, SUCH AS IN THE
INTEREST OF THE GENERAL PUBLIC.
THE NCDRC'S AWARD WAS A REASONABLE
RESTRICTION IN THE INTEREST OF PROTECTING
THE CONSUMER'S RIGHTS AND ENSURING
ACCOUNTABILITY OF SERVICE PROVIDERS.
Vl.ADVANCE ARGUMENTS
lX. CONCLUSION
THE RESPONDENTS RESPECTFULLY SUBMIT
THAT THE AWARD OF THE NCDRC WAS JUST
AND REASONABLE, AND THAT THE
PETITIONER'S CHALLENGE TO THE AWARD
SHOULD BE DISMISSED. THE INTERESTS OF THE
CONSUMER AND THE GENERAL PUBLIC
SHOULD BE UPHELD, AND ACCOUNTABILITY OF
SERVICE PROVIDERS SHOULD BE ENSURED.
X. ANNEXURES
COPY OF THE PROTECTION OF CONSUMER
RIGHTS ACT, 2019.
COPY OF THE NCDRC'S AWARD.
Xl.case-laws
V.C. RANGADURAI V. D. GOPALAN (2010): IN
THIS CASE, THE SUPREME COURT HELD THAT
AN ADVOCATE IS LIABLE FOR PROFESSIONAL
MISCONDUCT IF HE/SHE FAILS TO EXERCISE
DUE DILIGENCE AND CARE IN THE
REPRESENTATION OF A CLIENT.
R.K. ANAND V. DELHI HIGH COURT (2008): THIS
CASE INVOLVED A SENIOR ADVOCATE WHO
WAS FOUND GUILTY OF ATTEMPTING TO BRIBE
A WITNESS IN A HIGH-PROFILE CASE. THE
SUPREME COURT HELD THAT THE ADVOCATE'S
ACTIONS CONSTITUTED PROFESSIONAL
MISCONDUCT AND SUSPENDED HIS LICENSE
TO PRACTICE LAW FOR A PERIOD OF FOUR
MONTHS.
POONAM VERMA V. ASHWIN PATEL (1996): IN
THIS CASE, THE SUPREME COURT HELD THAT
AN ADVOCATE WHO FAILS TO TAKE
NECESSARY STEPS TO PROTECT THE INTERESTS
OF HIS/HER CLIENT, OR WHO NEGLECTS TO
ATTEND COURT HEARINGS, IS GUILTY OF
PROFESSIONAL MISCONDUCT.