ORDER

Per Sh. RakeshKapoor, President

We have heard arguments on the question of admission of the present
complaint.  The complainant herein is an advocate who is practicing in
various courts in Delhi.  He had filed a revision petition U/s 40 A of
the Advocates Act , 1961  with OP1 against an order dated 5.6.2012
passed by the Bar Council

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of Delhi in New Delhi in Complaint Case No. 77/09 Titled Satender Kr
Gar4g V/s S S Katyal.  The grievance of the complainant is that the
bar council of India has failed to decide the said revision petition
despite the fact that about one year and six months time had elapsed
since the filing of the complaint.

     The learned counsel has relied upon the following judgments in
support of this plea that the present complaint falls within the ambit
of section 12 Consumer Protection Act and is maintainable. It
inter-alia  reads as under:

1.  Deputy Registrar (Colleges) V/s Ruchika Jain & Ors (Revision
Petition No. 1121/2005) National Commission .

2.  Regional Provident Fund Commissioner V/s Bawani Appeal (Civil )
6407 of 2001 decided by the Hon’ble Supreme Court on 22.4.2008.



We have gone through the aforesaid judgments.  We are, however, of
the considered opinion that the present complaint is not maintainable
U/s 12 of the Consumer Protection Act. Broadly speaking a complaint
U/s 12 of the Act ibidcan be filed where there is a defect /
imperfection in the goods purchased by a Consumer.  The complaint can
also be filed where there is a deficiency in service taken by a
consumer for consideration from the Opposite Party. In the present
case, the complainant by filing a revision petition  against another
advocate with OP1 has not taken the services of the letter for any
consideration.  The bar council of India has been constituted under  a
statue  and it has to act in accordance



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with the rules and regulations framed under the act.  No case of
deficiency in service on the part of OP1 is made out on account of its
failure to decide the complaint filed by the complainant.

Consequently, we hold that the present complaint is not maintainable
and is hereby dismissed.



A copy of this order be made available to both the parties free of
cost as per law.

File be consigned to R/R.

Announced in open sitting of the Forum on_____________