COMPETITION IS ULTIMATELY BENEFICIAL FOR THE CONSUMERS AND CAN BE IMPLEMENTED PROPERLY ONLY THROUGH ADVERTISING
Competition can be held immensely necessary for any
market force to operate in any country successfully and good marketing
strategies regarding advertising can actually lead to the ultimate benefit of
the consumer. Competition also ensures
better service and fairer prices. For instance, competition may force a smaller law firm to provide better and more personal service in order to compete with a
larger firm which spends more money on advertising or
which offers lower fees. India is a
democratic society, and therefore should not bar any particular
business, trade, or profession from domestic and international competition and
in the process causing harm to the consumers.
In recent years, the Indian legal
profession has become global in nature and therefore
foreign law firms are immensely interested to open up offices
and to practice in India as India offers a wide range of legal services of
highly competent quality, at a very low price compared to the other economies
of the world. Therefore, Bar Council of India needs to be repealing some of its prohibition
regarding advertising in order to suit the modern scenario in the country.
And also, this will be beneficial for the consumers of legal
services. This is the age of consumerism and competition law,
and therefore every consumer is entitled to free and fair competition among
rivals in order to be benefitted.
The view
of seeing legal services as a trade also has been observed by the Supreme Court
and the National Consumer Forum in numerous cases. One example can be given as
it held in the case of In Re Sanjiv Datta, Secretary, Ministry of Information
and broadcasting, the Supreme Court observed,
“Some of the members of the profession have been
adopting prospectively casual approach to the practice of the profession. ……
they do not only amount to contempt of court but to the positive disservice to
the litigants.’’, thereby enlightening the fact as law not being seen as a business
practice is actually leading to casual approach regarding it among the advocates
and therefore the clients or consumers are getting adversely affected.
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