One of the most important milestones in the consumer
One of the most important milestones in the consumer movement in the country has been the enactment of the above 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 its 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 a 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 (d) – “Consumer” means any person who –
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose, or
(ii) (hires or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services for any commercial purpose). For the purpose of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment.
Section 2 (g) – “deficiency” means any fault, imperfection shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any 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 service.
Section 2 (o) – “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 or other energy, board or lodging or both, (housing construction), entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.
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