When any person is a consumer, he buys or takes some goods and services. And when any right of a consumer gets infringed by any service provider there applies consumer protection act in it. In other words, consumer protection act provides redressal to a consumer when any rights of a consumer get infringed by any service provider or any deficiency are there in goods purchased by any consumer. Consumer protection act does go to any court, there are special kinds of courts which can be called as forums. because of them the process will not take so long to happen and proceeding will happen fast. In this plaintiff not required any advocate, also he can file a complain in it by its own. But the necessary court fees are required to pay in it to file a complaint.
Redressal Agencies Under Consumer Protection Act
- District forum
- State commission
- National commission
HOSPITAL LIABILITY UNDER CONSUMER PROTECTION ACT, 1986
There is various judgement of courts which signifies relation between hospital and medical services with consumer protection act. When national commission upheld the decision of Kerala State Commission The A Medical Services Should Come Under Consumer Protection Act In which it was said that a patient is consumer and medical professionals are service providers to them and if there is any deficiency or medical negligence would happen by the side of medical assistant it would come under consumer protection act Or come in the jurisdiction of the consumer protection act. It was later observed that a medical profession is not a personal profession and therefore it would come under the exception of the consumer protection act. [1]
Supreme court Landmark Judgement regarding medical services and consumer protection act
In case of Indian Medical Association V. V.P. Shantha And Others[2]it was held that patient can seek damages from any private clinic or government hospital if he or she affects by any medical negligence from them under consumer protection act.
It was held by the supreme court that: –
- This includes services that are given by any medical practitioner to any patient in which he consults, diagnosis or treats him about any medical issue, whether it would be a medical or surgical treatment that would fall under the category of “service” which define under section 2 (1) (o) of C.P.A. but it does not include the services in which doctor give services free of charge or contact of personal treatment.
- This is must be seen that the medical practitioner belongs to the medical profession and are come under the disciplinary control of the medical council of India and/ state medical council. As if that person is not certified or can be fraud because he is not having any kind of medical degree which is given by government then he cannot be liable under C.P.A. he can come under some other crime but not in it.
- The services which are given free o cost would not come under this.
- Many people are having medical insurance which is for free medical services form the hospital and getting rid of high-cost amount bills of hospitals but the hospital cannot take this plea that patient medical insurance five him a free treatment and therefore free treatment to any patient does not come under the services given under C.P.A or anyone employ under services.
Therefore, medical negligence done by any medical practitioner would come under consumer protection act and medical services will also come under it.
REFERENCES
Law of Torts, Bangia R.K. 24th vol. ed. 2017 reprint 2018
[1] Vasantha P. Nair V. Smt.V.P. Nair I (1991) C.P.J. 685
[2]III (1995) C.P.J. 1 (S.C.); A.I.R. 1996 S.C. 550
This Article Written by Shipra Jain, Student of JEMTEC School of Law, JIMS Engineering Management Technical Campus, Greater Noida.
