Ayush Verma, Ph.D. Scholar, Dr. Ram Manohar Lohiya National Law University, Lucknow
ABSTRACT
Consumer Protection Act of 1986 was enacted to protect the interests of consumers against malpractices and unfair trade practices in the market. However, this Act failed to expressly recognize the patient as a consumer within the definition of consumer. Later, the Hon'ble Supreme Court of India recognized services delivered by a medical practitioner and the relationship of medical practitioner and patient as a relationship of service provider and consumer; thus, such services are to be covered by the Consumer Protection Act. Bringing the medical profession under the Consumer Protection Act faced protests fueled by concerns that this move will keep medical professionals under double scrutiny, as they are already under the vigil of the Medical Council of India (now National Medical Commission).
The Consumer Protection Act 2019 replaced the previous Act of 1986. The new Act introduced several new concepts that include the addition of mediation by the consent of the parties as a move to reduce the burden from Consumer Commissions, secondly express inclusion of negligence in the definition of deficiency, which signifies that now deficiency in the delivery of medical services will amount to medical negligence and will be addressed by the provisions of the Consumer Protection Act, 2019; also for such deficiency, the Act introduced product liability action to be taken against the service provider; other than that the Act authorizes the Central Consumer Protection Authority to refer the matter to the concerned regulator, along with the report, if it deem fit to do so. Thus, the new Act covers almost all the necessary aspects to address the interests of the consumers relating to the medical services while addressing the concern of the medical professionals by referring the matter to the regulator.
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