Supreme Court Refuses To Reconsider Judgment Which Brought Doctors Under Consumer Protection Act, Says Reference Was Unnecessary
4 months, 1 week 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 v VP Shantha, which held that medical professionals come within the ambit of the Consumer Protect Act, 1986. The bench observed in the order as follows : "The question before the division bench was whether legal professionals could be covered by the provisions of the Consumer Protection Act. The question as to whether the other professionals excluding legal profession could be covered by the Consumer Protection Act can be considered in appropriate cases, having a factual foundation.

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History of this topic

Consumer Protection Act Protects Interest Of Consumers In “Business To Consumer Disputes”, Not For “Business To Business Disputes”, District Commission Thrissur
3 days, 20 hours ago

Consumer Protection Act Protects Interest Of Consumers In “Business To Consumer Disputes”, Not For “Business To Business Disputes”, District Commission Thrissur

Live Law  

The District Consumer Disputes Redressal Commission, Thrissur presided by Sri. Ram Mohan R. dismissed a complaint filed by Astra Bio Science Ltd seeking refund from M/s Rita Pad Printing Systems for a machine that was not delivered even though the terms and conditions specified the delivery time as 70 days. The Bench held that the Consumer Protection Act was meant …

SC reaffirms doctors’ accountability under Consumer Protection Act
4 months, 1 week 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 …

Medical Beneficiaries Of Railway Hospital Fall Within Definition of 'Consumer': Delhi State Commission Remands Matter Back To District Commission
8 months, 3 weeks 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
9 months, 3 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
10 months 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?
10 months 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 …

Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court
10 months, 1 week ago

Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court

Live Law  

In an important ruling relating to consumer protection law, the Supreme Court on Friday set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes.Affirming the decision of the National. In an important …

SCAORA Decides To Intervene In Supreme Court Case Regarding Advocates' Liability Under Consumer Protection Act
1 year, 1 month ago

SCAORA Decides To Intervene In Supreme Court Case Regarding Advocates' Liability Under Consumer Protection Act

Live Law  

The Supreme Court Advocates-on-Record Association has decided to intervene in an ongoing matter where the Supreme Court is deciding whether Advocates would come under the ambit of the Consumer Protection Act, 1986. Essentially, the crucial point being examined by the Top Court is whether services rendered by the lawyers are covered under Section 2 of the Consumer Protection Act, which …

Lawyer Assisting A Sovereign Function, Can't Be Brought Under Consumer Protection Act : Argument Before Supreme Court
1 year, 1 month ago

Lawyer Assisting A Sovereign Function, Can't Be Brought Under Consumer Protection Act : Argument Before Supreme Court

Live Law  

Today, the Supreme Court resumed its hearing on the crucial point of whether services rendered by the lawyer would come within the ambit of the Consumer Protection Act of 1986. At the outset, the Counsel explained that the Consumer Protection Act was conceived from a different perspective, with commercial activity on one side and poor individual litigants on the other. …

Deficiency In Hair Treatment Service, An Health Care Service Still Covered Under Amended Consumer Protection Act., Delhi State Commission
1 year, 3 months 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 …

Amend Consumer Protection Rules On Appointment Process Of Commission Members Within 3 Months : Supreme Court To Centre, States
2 years ago

Amend Consumer Protection Rules On Appointment Process Of Commission Members Within 3 Months : Supreme Court To Centre, States

Live Law  

The Supreme Court, on Tuesday, observed that the direction in Secretary, Ministry of Consumer Affairs v. Dr.Mahindra Bhaskar Limaye And Ors. that, the Central and State Governments are required to make certain amendments to the Consumer Protection Rules, 2020 pertaining to the appointment process at the Consumer Dispute fora is to be carried out on an urgent basis, preferably within …

Supreme Court Annual Digest 2022- Consumer Protection Law
2 years, 2 months ago

Supreme Court Annual Digest 2022- Consumer Protection Law

Live Law  

Consumer Law Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Ltd. v. New India …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) CONSUMER LAW With Parallel Citations
2 years, 7 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) CONSUMER LAW With Parallel Citations

Live Law  

Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Indian Oil Corporation Ltd. v. Shree …

Health Care Services Provided By Doctors Covered Under Consumer Protection Act 2019 : SC
2 years, 10 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, 3 months 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, 5 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 …

Consumer Protection Act, 2019: A Criminal Imbalance
3 years, 11 months ago

Consumer Protection Act, 2019: A Criminal Imbalance

Live Law  

It is said, with great power comes great responsibility. For appointment as a member of the District Commission, Rule 4 of the Appointment Rules prescribes that the members of the State Commission should have a bachelor's degree from a recognised university and should be a person of ability, integrity and standing, and has special knowledge and professional experience of not …

All Consumer Complaints Filed Before CPA 2019 Should Be Heard By Fora As Per Pecuniary Jurisdiction Under CPA 1986 : Supreme Court[Read Judgment]
4 years ago

All Consumer Complaints Filed Before CPA 2019 Should Be Heard By Fora As Per Pecuniary Jurisdiction Under CPA 1986 : Supreme Court[Read Judgment]

Live Law  

In a significant verdict, the Supreme Court on Tuesday held that consumer complaints filed before the coming into effect of the Consumer Protection Act 2019 should continue in the fora in which they were filed as per the pecuniary jurisdiction under the previous Consumer Protection Act of 1986.A bench comprising Justices DY Chandrachud and MR Shah set aside the directions. …

References Answered And Made By Supreme Court In 2020
4 years, 2 months ago

References Answered And Made By Supreme Court In 2020

Live Law  

In the COVID-19 affected 2020, where the Supreme Court was functioning in virtual mode throughout except for the first three months of the year, several substantial points of law were settled by answering long pending references.Also, some new points of public importance were referred to larger bench. "In the event, shared household belongs to any relative of the husband with …

Appeal Against NCDRC Order Passed In Execution Proceedings Not Maintainable U/Sec 23 Consumer Protection Act: SC [Read Order]
4 years, 6 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 % …

15 Takeaways To Ace "Consumer Fora Litigation" In India
4 years, 8 months ago

15 Takeaways To Ace "Consumer Fora Litigation" In India

Live Law  

Determination of compensation for the loss or injury suffered by a consumer on account of deficiency in service: In the matter of: Charan Singh V/s Healing Touch Hospital & Ors, 7 SCC 668, it was held that: "… While quantifying damages, Consumer Forums are required to make an attempt to serve the ends of justice so that compensation awarded, in …

Supreme Court Clears The Air On The Section 13(2) Of The Consumer Protection Act As Being Mandatory Or Directory
4 years, 9 months ago

Supreme Court Clears The Air On The Section 13(2) Of The Consumer Protection Act As Being Mandatory Or Directory

Live Law  

A Constitution Bench of the Supreme Court recently in the case of New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. MANU/SC/0272/2020 held that the time period to file the reply within forty five under Section 13 of the Consumer Protection Act, 1986 is mandatory and there cannot be any extension beyond the said period. The issue …

Impunity Vs Jeopardy : The Partisan Provisions Of Consumer Protection Act
4 years, 11 months ago

Impunity Vs Jeopardy : The Partisan Provisions Of Consumer Protection Act

Live Law  

Introduction Change is the only constant. Hon'ble National Commission once again allowed filing of written statement subject to costs of Rs.30,000/- on the ground that "deemed service" under Section 28-A of the Consumer Protection Act can be misleading in view of the services rendered by postal department. The provisions of Section 13 of Consumer Protection Act has not just aborted …

Consumer Protection: Can A 'Trust' File Consumer Complaint ? SC Refers To Larger Bench [Read Order]
5 years, 4 months ago

Consumer Protection: Can A 'Trust' File Consumer Complaint ? SC Refers To Larger Bench [Read Order]

Live Law  

The Supreme Court has referred to larger bench the issue whether a 'trust' is a 'consumer' under Consumer Protection Act so as to file complaints before the Consumer Forums? The bench comprising Justice Uday Umesh Lalit and Justice Aniruddha Bose doubted the ratio in Pratibha Pratisthan v. Manager, Canara Bank, in which it was held that a trust is not …

Liability For Misleading Advertisements, Celebrity Endorsements : Key Features Of Consumer Protection Bill Passed By Parliament [Read Bill]
5 years, 7 months ago

Liability For Misleading Advertisements, Celebrity Endorsements : Key Features Of Consumer Protection Bill Passed By Parliament [Read Bill]

Live Law  

The Rajya Sabha on Tuesday passed the Consumer Protection Bill 2019, which seeks to wholly replace the Consumer Protection Act 1986.The Lok Sabha had cleared the Bill unanimously on July 30. Also, the Bill contains key provisions dealing with class actions, product liability, misleading The highlights of the Bill are :- Central Consumer Protection Authority CCPA is a national level …

Healthcare to be out of consumer courts
5 years, 8 months ago

Healthcare to be out of consumer courts

Deccan Chronicle  

Healthcare services may be removed from the list of services in the Consumer Protection Bill 2018 that will be presented in Parliament. However, lawyers say that the medical profession is still considered a ‘service’ and so consumers can lodge complaints against deficiency of this service in the consumer court. Advocate Gouri Shanker, who practises in the Consumer Court in Hyderabad, …

New Consumer Protection Bill must reflect the changing times
5 years, 9 months ago

New Consumer Protection Bill must reflect the changing times

Hindustan Times  

During the last days of his tenure as the union minister for consumer affairs in the previous Modi government, Ram Vilas Paswan had expressed regret that the much awaited Consumer Protection Bill, 2018, meant to replace the existing consumer protection law of 1986, could not be passed by both Houses of Parliament. The Bill, for example, does not address the …

Consumer Protection Bill 2018: Stepping Up Efforts to Resolve Consumer Disputes
7 years, 2 months ago

Consumer Protection Bill 2018: Stepping Up Efforts to Resolve Consumer Disputes

Live Law  

The Consumer Protection Bill of 2018 aims to streamline the consumer dispute redressal process by establishing a Central Consumer Protection Authority. The Authority will have the power to investigate and take action against misleading advertisements, unfair contracts, and defective products and services. It will also have the authority to impose penalties, including fines and imprisonment, for violations of consumer rights. …

Highlights Of Consumer Protection Bill-2018 [Read Bill]
7 years, 2 months ago

Highlights Of Consumer Protection Bill-2018 [Read Bill]

Live Law  

Although the working of the consumer dispute redressal agencies under the Consumer Protection Act of 1986 has served the purpose of the legislation to a considerable extent, the disposal of cases has not been fast due to various constraints. The main features of the Bill are as follows: Central Consumer Protection Authority With a view to fill the institutional void …

Consumer Protection; Bar Of Limitation Cannot Be Strictly Construed To The Disadvantage Of Consumer: SC [Read Judgment]
7 years, 11 months ago

Consumer Protection; Bar Of Limitation Cannot Be Strictly Construed To The Disadvantage Of Consumer: SC [Read Judgment]

Live Law  

In a significant judgment Supreme Court on Friday held that provision of limitation in the Consumer Protection Act cannot be strictly construed to disadvantage a consumer.As per Section 24A of the Consumer Protection Act.1986 the District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on …

Consumer Protection; Bar Of Limitation Cannot Be Strictly Construed To The Disadvantage Of Consumer: SC [Read Judgment]
7 years, 11 months ago

Consumer Protection; Bar Of Limitation Cannot Be Strictly Construed To The Disadvantage Of Consumer: SC [Read Judgment]

Live Law  

In a significant judgment Supreme Court on Friday held that provision of limitation in the Consumer Protection Act cannot be strictly construed to disadvantage a consumer.As per Section 24A of the Consumer Protection Act.1986 the District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on …

Supreme Court judge criticises Centre for ignoring consumer courts
12 years ago

Supreme Court judge criticises Centre for ignoring consumer courts

The Hindu  

Assailing the government for ignoring the demands of consumer courts for better infrastructure and staff, a Supreme Court judge on Thursday said if the consumers were to claim a “deficiency in service” on the part of the courts, then the government will be in trouble. Thomas and Special Secretary in Department of Consumer Affairs, the judge stressed that “access to …

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