SC reaffirms doctors’ accountability under Consumer Protection Act
1 month, 2 weeks ago

SC reaffirms doctors’ accountability under Consumer Protection Act

Hindustan Times  

The Supreme Court on Thursday dismissed a request to revisit its landmark 1995 judgment, which had classified medical services under the Consumer Protection Act and held that healthcare providers, including doctors and hospitals, could be held accountable under the Act for service deficiencies. Considering the “sui generis ” nature of services lawyers provide in making the judicial system efficient, effective and credible, their services could not be compared with the services rendered by other professionals, the court said. In the same verdict, the Supreme Court also proposed a review of its 1995 ruling in the Shantha case, which held that health care services are covered under CPA, allowing doctors to be sued for deficiency in service and negligence. “The said decision deserves to be revisited having regard to the history, object, purpose and the scheme of the CPA and in view of the opinion expressed by us that neither the ‘profession’ could be treated as ‘business’ or ‘trade’ nor the services provided by the ‘professionals’ could be treated at par with the services provided by businessmen or traders, so as to bring them within the purview of the CPA,” said the bench.

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History of this topic

Doctor Not Liable For Negligence If Chosen Treatment Recognized As Sound Medical Practice: NCDRC
4 days, 14 hours ago

Doctor Not Liable For Negligence If Chosen Treatment Recognized As Sound Medical Practice: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that doctors are not liable for medical negligence if the disputed treatment is recognized as sound medical practice. Contentions of the Opposite Party The doctor denied treating the complainant and stated that the Specialist handled all the treatment, so he wasn't responsible for any alleged negligence. A doctor …

Review Petition Filed In Supreme Court Against Refusal To Reconsider Judgment On Doctors' Liability Under Consumer Protection Act
1 week, 6 days ago

Review Petition Filed In Supreme Court Against Refusal To Reconsider Judgment On Doctors' Liability Under Consumer Protection Act

Live Law  

A review petition has been filed against the November 7 order of the Supreme Court refusing to reconsider the 1995 judgment in Indian Medical Association v VP Shantha, which held that medical professionals come within the ambit of the Consumer Protect Act, 1986. In the review petition, it has been stated that removing doctors from the Consumer Protection Act will. …

‘Not practical’: SC rejects PIL for mandatory disclosure of medicine contraindications
1 month, 1 week ago

‘Not practical’: SC rejects PIL for mandatory disclosure of medicine contraindications

Hindustan Times  

The Supreme Court on Thursday dismissed a public interest litigation calling it “not practical” after it sought to establish a regulatory framework that would mandate doctors to inform patients about the contraindications of prescribed medications. Bhushan suggested that doctors could provide printed inserts to patients detailing possible contraindications, which he argued would ultimately reduce legal issues related to medical negligence. …

Supreme Court Refuses To Reconsider Judgment Which Brought Doctors Under Consumer Protection Act, Says Reference Was Unnecessary
1 month, 2 weeks ago

Supreme Court Refuses To Reconsider Judgment Which Brought Doctors Under Consumer Protection Act, Says Reference Was Unnecessary

Live Law  

The Supreme Court today refused to reconsider the 1995 judgment in Indian Medical Association v VP Shantha, which held that medical professionals come within the ambit of the Consumer Protect Act, 1986.The Court disposed of a reference made against the decision, saying that it was unnecessary. The Supreme Court today refused to reconsider the 1995 judgment in Indian Medical Association …

Consumer Fora Possesses Discretionary Powers To Award Compensation: Delhi State Commission
5 months, 3 weeks ago

Consumer Fora Possesses Discretionary Powers To Award Compensation: Delhi State Commission

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki, held that the consumer fora have the discretion to decide on compensation to ensure fairness and encourage better service practices. Aggrieved by the District Forum's order, the complainant appealed before the State Commission to enhance compensation. Contentions of the Opposite Party The doctor filed a cross-appeal denying …

Medical Beneficiaries Of Railway Hospital Fall Within Definition of 'Consumer': Delhi State Commission Remands Matter Back To District Commission
6 months ago

Medical Beneficiaries Of Railway Hospital Fall Within Definition of 'Consumer': Delhi State Commission Remands Matter Back To District Commission

Live Law  

The Delhi State Consumer Disputes Redressal Commission bench of Justice Sangita Dhingra Sehgal and Pinki held that the medical beneficiaries of the Railway Hospital fall within the definition of the consumer under the Consumer Protection Act, 2019. In response to the District Commission's decision, the Complainant filed an appeal in the Delhi State Consumer Disputes Redressal Commission and argued that …

Should doctors be kept out of the Consumer Protection Act? | The Hindu parley podcast
6 months, 4 weeks ago

Should doctors be kept out of the Consumer Protection Act? | The Hindu parley podcast

The Hindu  

Earlier this month, the Supreme Court ruled that advocates cannot be held liable under the Consumer Protection Act, 1986, for deficiency in service. The Court also indicated that its 1995 decision that held medical professionals accountable under the Act may need to be revisited. Should doctors, like lawyers, be kept out of the Consumer Protection Act? Guests: Rajeshwari Sekar, a …

No Case Under Consumer Protection Law Against Lawyers, Says SC
7 months, 1 week ago

No Case Under Consumer Protection Law Against Lawyers, Says SC

Deccan Chronicle  

New Delhi: In a significant ruling, the Supreme Court on Tuesday held that lawyers did not come under the purview of the Consumer Protection Act and hence could not be tried for "deficiency in service" before consumer courts. The top court said the very purpose and object of the Consumer Protection Act, 1986 as re-enacted in 2019 was to provide …

Supreme Court exempts lawyers from liability under Consumer Protection Act. Doctors next?
7 months, 1 week ago

Supreme Court exempts lawyers from liability under Consumer Protection Act. Doctors next?

Live Mint  

New Delhi: The Supreme Court ruled on Tuesday that advocates cannot be held liable under the Consumer Protection Act of 1986 for deficiency in service. The court also indicated that its 1996 decision that held medical professionals accountable under the Consumer Protection Act may need to be revisited. This judgement arose from a writ petition filed amid increasing legal disputes …

Deficiency In Hair Treatment Service, An Health Care Service Still Covered Under Amended Consumer Protection Act., Delhi State Commission
1 year ago

Deficiency In Hair Treatment Service, An Health Care Service Still Covered Under Amended Consumer Protection Act., Delhi State Commission

Live Law  

The Delhi State Consumer Disputes Redressal Commission bench comprising Justice Sangita Dhingra Sehgal and Ms. Pinki dismissed an appeal challenging the validity of 'healthcare' services being included in the ambit of 'services' under Section 2 of the Consumer Protection Act, 2019. Following discussions with OP-1 Dr. Monica Gogia, the complainant opted for a treatment plan with a 95% guarantee, involving …

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court
1 year, 2 months ago

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that restoring a case consigned to records without an adverse order or a decision on parties' rights does not qualify as a review and hence such a case could be called back by the Consumer Commissions. The Court was hearing an appeal filed under Section 17 of the Jammu and …

National Consumer Commission's Appellate Order Can Be Challenged Before High Court Under Article 227 : Supreme Court
2 years, 7 months ago

National Consumer Commission's Appellate Order Can Be Challenged Before High Court Under Article 227 : Supreme Court

Live Law  

The Supreme Court has held that an order passed by the National Consumer Disputes Redressal Commission in appeal under Section 58 of the Consumer Protection Act 2019 can be challenged in a writ petition filed before a High Court under Article 227 of the Constitution.A bench comprising Justices MR Shah and BV Nagarathna held that NCRDC is a "tribunal" falling …

Health Care Services Provided By Doctors Covered Under Consumer Protection Act 2019 : SC
2 years, 7 months ago

Health Care Services Provided By Doctors Covered Under Consumer Protection Act 2019 : SC

Live Law  

The Supreme Court on Friday refused to interfere with a Bombay High Court judgment which held that doctors and healthcare services are not excluded from the ambit of the Consumer Protection Act 2019. A division bench of the High Court had observed that "the mere repeal of the 1986 Act by the 2019 Act, without anything more, would not result …

Supreme Court Issues Notice On Petitions Challenging Bombay HC Judgment Striking Down Consumer Protection Rules
3 years ago

Supreme Court Issues Notice On Petitions Challenging Bombay HC Judgment Striking Down Consumer Protection Rules

Live Law  

The Supreme Court on Friday issued notices on the special leave petitions filed against the judgment of Bombay High Court which quashed the provisions of Consumer Protection Rules which excluded lawyers with 10 to 20 years experience from appointments to Consumer Commissions.A bench comprising Justices L Nageswara Rao and BR Gavai was considering the special leave petitions filed. The Supreme …

Consumer Complaint Not Maintainable Against Power Distributor For Raising Additional Bill Due To Short Assessment : Supreme Court
3 years, 2 months ago

Consumer Complaint Not Maintainable Against Power Distributor For Raising Additional Bill Due To Short Assessment : Supreme Court

Live Law  

The Supreme Court has held that a consumer complaint is not maintainable against a power distributor for raising an additional bill on account of short-assessment. A bench comprising Justices Hemant Gupta and V Ramasubramanian agreed with the finding of the National Consumer Disputes Redressal Commission that the raising of additional bill did not amount to "deficiency in service" as defined …

Appeal Against NCDRC Order Passed In Execution Proceedings Not Maintainable U/Sec 23 Consumer Protection Act: SC [Read Order]
4 years, 3 months ago

Appeal Against NCDRC Order Passed In Execution Proceedings Not Maintainable U/Sec 23 Consumer Protection Act: SC [Read Order]

Live Law  

The Supreme Court has observed that an appeal before it against an order which has been passed by the National Consumer Disputes Redressal Commission in the course of execution proceedings is not maintainable.M/s Ambience Infrastructure Private Limited was directed by the NCDRC to pay to the complainants 70% of the maintenance charges from November 2002 with interest at 9 % …

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