One of the most important milestones in the consumer movement in the country has been the enactment of the Consumer Protection Act. This act was necessitated because the well organized sectors of manufacturers, traders and service providers, armed with the knowledge of the market and manipulative skills, often attempted to exploit the consumers, despite the existence of provisions in different laws protecting their interests. Increase in population resulted in enormous pendency and delay in disposal of cases in the Civil Courts. Consumer Protection Act is one of the most progressive and comprehensive pieces of legislation and it’s an umbrella legislation covering all goods and services. An act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matters connected therewith.
The Act provides for separate three-tier quasi – judicial consumer dispute redressal machinery at the National, State and District levels and is intended to provide simple, speedy and inexpensive redressal for consumer grievances. The various provisions of Consumer Protection Act with specific reference to the medical professions would be –
Section 2(o) of the act defines service as follows –
Service means service of any description which is made available to potential (users and includes, but not limited to, the provision of) facilities in connection with banking, financing, insurance, transport, processing, supply of electrical board or lodging or both, house construction, entertainment but does not include the rendering of any service free of charge or under a contract of personal service. The service may be contractual, professional, public, domestic, legal and statutory.
In Indian Medical Association v/s V.P. Shanta & Ors., the apex court has classified the definition of service under Section 2 (o) into 3 parts namely –
1.Main part – which says that the service means service of any description.
2.Inclusionary part – which includes the provision of facilities in connection with the banking, finance, house construction and entertainment.
3.Exclusionary part – which says but does not include rendering of any service free of charge under a contract of personal service.
The service rendered by professionals such as doctors comes under the purview of this Act, unless such service is rendered by them entirely free of charge to all concerned.
The act may be invoked in the event there is deficiency in service rendered by a professional (doctor) to a consumer (patient) of such service.
Section 2 (g) defines deficiency in service as follows –
Deficiency means any fault, imperfection or shortcoming or in the quality, nature and manner of performance which is required to be maintained by or under the law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any services. Thus deficiency in service is the shortcoming or inadequacy in service and has to be measured with reference to standards specified earlier under the law or in contract between the parties. But a service rendered free of charge to everyone or under a contract of personal service is not covered. It also excludes service hired for commercial purpose unless the same was hired exclusively for the purpose of earning one’s livelihood by means of self employment.
Relief available to the consumers under this Act-
1.Removal of defects from the goods
2.Replacement of the goods
3.Refund of the price paid
4.Award of compensation for loss or injury suffered
5.Removal of deficiency in service
6.To discontinue unfair trade practice or Restrictive Trade Practice
7.Prohibit sale of hazardous goods
8.To withdraw hazardous goods
9.To provide for adequate costs
10.To provide for civil as well as criminal penalties including monetary compensation and/or imprisonment.
Doctors and other professionals cannot now dispute “Coverage†or Applicability of the Act. An expert advice rendered by medical professionals guaranteeing better health in the event patient follows the prescribed route, has an element of guarantee and the expert rendering such an advice has the responsibility to ensure that the same is correct, well considered and complete as far as practicable. In the event it is found that the doctor was negligent in either performing examination or in giving advice/instruction on special care or caution to be exercised by patient or in prescribing medicine, he becomes liable for the deficiency in service rendered by him under this Act.
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