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Issues: Whether a party before the Consumer Fora can be represented by an authorised agent, whether such representation is barred by the Advocates Act, 1961, and whether the Consumer Protection Rules and Regulations permit such appearance and audience.
Analysis: The Consumer Protection Act, 1986 is a benevolent social welfare statute intended to provide a speedy, inexpensive and simple remedy to consumers. The rules framed under the Act expressly define an agent and permit a party to appear through an authorised agent before the Consumer Fora. The statutory scheme was read as allowing representation by non-advocates, especially because many consumer disputes are small, technical or economically unsuitable for compulsory engagement of advocates. The provisions of the Advocates Act, 1961 were held not to be violated because the appearance of an authorised agent under the consumer law does not amount to practising law as such, and the legislature had consciously created that option. The Court also relied on the regulatory safeguards enabling the Consumer Fora to control misconduct, misuse and professionalised representation by agents.
Conclusion: The authorised agent may appear and represent a party before the Consumer Fora, and such appearance is not inconsistent with the Advocates Act, 1961.
Ratio Decidendi: Where a special consumer statute and the rules made under it expressly permit representation through an authorised agent, that statutory permission prevails and the authorised agent's appearance does not amount to unauthorised practice of law, subject to regulatory control by the forum.