CONSUMER PROTECTION ACT

MRS.KARTHIKA.S
ASST.PROF,
SNC,SVDU.
• Till recently, all cases of disputes regarding
negligence on the part of doctors or hospitals were
raised in a court of law. It was filed either under the
law of torts to claim damages or under the relevant
sections (304A, 336,337 and 338) of the IPC, to get
the negligent punished.
• However, after the introduction of the consumer
protection act, a drastic change has taken place and
litigants are preferring claims through the district,
state or National forums. The two main reasons for
this are that hardly any costs are involved in this
procedure, and the case is decided in a short span
of 3 to 4 months.
• Consumer protection laws are designed to ensure fair
competition and the free flow of truthful information in the
marketplace. The laws are designed to prevent businesses
that engage in fraud or specified unfair practices from gaining
an advantage over competitors and may provide additional
protection for the weak and those unable to take care of
themselves. Consumer Protection laws are a form of
government regulation which aim to protect the interests of
consumers. For example, a government may require
businesses to disclose detailed information about products—
particularly in areas where safety or public health is an issue,
such as food.
• Consumer protection is linked to the idea of "consumer rights"
(that consumers have various rights as consumers), and to
the formation of consumer organizations which help
consumers make better choices in the marketplace.
• The Consumer Protection Act of India is also
quite specific about what a complaint is,
under the law‘s definitions. First and
foremost, the complaint must be made in
writing and should concern an unfair action
by a business or individual acting in a
commercial setting.
• Defects in goods or unsatisfactory service
can be the subject of written complaints, as
can excessively high charges for goods or
services.
• Consumers are not charged a fee for filing
such complaints. Decisions may involve
complete removal of any defect in a
product and replacement of the product.
Refunds are specifically provided for in the
law
A PRIMER ON CONSUMER
PROTECTION ACT(CPA)
• Consumer protection act (CPA in short)
was enacted by Parliament in December
1986 and came into force on 1 September
1987. The aim of act is to provide a
simple, speedy and inexpensive redressal
for consumer grievances relating to
defective goods, deficient services and
unfair trade practices.
• The consumer protection Act defines the
obligation of traders and manufacturers as
well as of service providers, and if the
consumer feels that the goods provided or
the services given are not to his
satisfaction, are defective, and below the
standards prescribed normally, he is
entitled for what he has paid.
• Under the CPA, courts have been
established at District levels, as the District
Consumer Redressal Forum, at the state
level as the state Consumer Redressal
Commission and at the National level as
the National Consumer Redressal
Commission. These have three members
including the chairman who usually is a
sitting judge or retired judge of District
Court or State High Court or of Supreme
Court of India, respectively, and other two
members one of whom has to be a woman
• The District Forum can award compensation up to
rupees five lakhs, while the state commission can
award compensation up to rupees twenty lakhs. The
National Commission usually deals with appeals
made against the judgments of the state
commissions, and can award any amount of
compensation.
• Though the medical profession was initially
exempted from the Consumer Protection Act. As
stated above, but on 13-11-1995, the Supreme
Court of India in its judgment in civil appeal no 688
of 1993, in case of IMA vs VP Shanta and others
held that medical practitioner can be sued under
Consumer Protection Act 1986, for any negligence.
The court held that any services rendered by
Doctors, hospitals are covered in the service
as defined under section 2 (1)(0) of the CPA
1986.
CONSUMER PROTECTION COUNCILS
• They are at two levels namely Central and
State protection councils Central consumer
protection council
• The objectives of this council shall be to
promote and protect the rights of consumer
such as,
•  The right to be protected against the
marketing of goods and services which are
hazardous to life and property.
•  The right to be informed about the
quality, quantity, potency , purity, standard
and price of goods and services, as the
case may be so as to protect the
consumer against unfair trade practices.
• The right to be assured , wherever possible,
access to variety of goods and services at
competitive prices
•  The right to be heard and to be assured that
the consumers interest will receive due
consideration at appropriate forums
•  The right to seek redressal against unfair
trade practices
State consumer protection councils
• The state council shall consists of following members
•  The minister incharge of consumer affairs in the state
Government, who shall be its Chairman and
•  Such number of other official or non official members representing
such interest as may be prescribed by state Government
•  The State Council shall meet as and when necessary, but not less
than two meetings shall be held every year
• The objective of every state council shall be to promote and protect
within the state , the rights of consumer
DEFINITIONS

• CONSUMER
• Consumer means any person who hires
any services for a consideration, and
includes any beneficiary of such services
other than the person who hires the
services, when such services are availed
of with the approval of the first mentioned
person
• A person who avails himself of the facility of a
government hospital is not a consumer because
the facility offered in government hospitals is not
service hired for a consideration. For deficiency
of service in government hospitals, the
aggrieved person will have to file a claim in civil
court. If the conduct of the hospital doctor
amounts to criminal negligence, the patient can
cause to prosecute the doctor in criminal court.
COMPLAINT

• It means any allegation in writing made by

a complainant that,
• The goods bought by him or agreed to be
bought by him suffer from one or more
defects.
• An unfair trade practice or restrictive
practice has been adopted by any trade
DEFECT

• Means any fault , imperfection or short

comings in the quality, potency, purity or
standard which is required to be
maintained by or under any contract or as
is claimed by the trader in any manner
whatsoever in relation to goods.
DEFECIENCY

• Deficiency is any fault, imperfection,

shortcoming or inadequacy in the quality,
nature and manner of performance in
pursuance of a contract or otherwise in
relation to the service
SERVICE

• Service means service of any description

but excludes free service and personal
service.
• Treatment in a hospital (excluding
government hospitals) on payment
amounts to hiring of service for a
consideration. Therefore, a complaint
would lie if there is deficiency in service
rendered by a member of the medical
profession
 TIME LIMITATION
• A claim for compensation under CPA must
be filed at a Forum within three years of the
subject matter of the complaint (e.g.; death)
having arisen
• If an amendment to the act, presently under
consideration of the government is passed,
this period is likely to be raised to one year
• At the district forum, a case has to be heard
within three months of being filed
 PATIENT‟S BILL OF RIGHTS

The health care rights of patients have been the subject of

much public debate and legislative action in the latter half of the
20th century. The fundamental right to quality medical care and
compensation for medical malpractice, the right to informed
consent, and the right to health care privacy, are all protected
under United States congressional law. While these and other
laws ensure many rights for medical patients, the changing
nature of medical knowledge and care also ensures the
continued need to regulate the relationships among patients,
caregivers, and care-giving institutions. But quite apart from
any legal issues, the recognition that patients have rights can
transform the doctor-patient relationship from an authoritative
and paternalistic one into a true partnership, with the result that
the quality of medical care is enhanced.
• The government is concerned about the
deteriorating services in medical care both in
private nursing homes and public hospitals.
Consumer organizations are also pressing for a
charter of right of consumers of medical services.
• The legislative controls of nursing practice
primarily protect the rights of the patients. Until
the 1960‘s patients had few rights; in fact, patients
often were denied basic human rights during a
time when they were vulnerable. In 1973,
however, the American Hospital association
published its first patient bill of rights.
•  The patient has the right to considerate
and respectful care
•  The patient has the right to and is
encouraged to obtain from physicians and
their direct care givers relevant, current, and
understandable information concerning
diagnosis, treatment and prognosis
• The patient has the right to make decisions about the plan of care prior
to and during the course of treatment and to refuse a recommended
treatment or plan of care to the extent permitted by law and hospital
policy and to be informed of the medical consequences of this action. In
case of such refusal, the patient is entitled to other appropriate care and
notify patients of any policy that might affect patient choice within the
institution
•  The patient has the right to have an advance directive (such as living
will, health care proxy or durable power of attorney for health care)
concerning treatment or designating a surrogate decision maker with the
expectation that the hospital will honor the intent of that directive to the
extent permitted by law and hospital policy
• The patient has the right to every consideration of
privacy. Case discussion, consultation, examination,
and treatment should be conducted so as to protect
each patients privacy
•  The patient has the right to expect that all
communications and records pertaining to his/her
care will be treated as confidential by the hospital,
except in cases such as suspected abuse and public
health hazards when reporting is permitted or
required by law. The patient has the right to expect
that the hospital will emphasize the confidentiality of
this information when it releases it to any other
parties entitled to review information in these
records
• The patients has the right to review the records pertaining to
his/her medical care and to have the information explained or
interpreted as necessary, except when restricted by law
•  The patient has the right to expect that, within its capacity
and policies, a hospital will make reasonable response to the
request of a patient for appropriate and medically indicated
care and services. The hospital must provide evaluation,
service, and/or referral as indicated by the urgency of the
case. When medically appropriate and legally permissible, or
when a patient has so requested, a patient may be
transferred to another facility. The institution to which the
patient is to be transferred must first have accepted the
patient for transfer. The patient must also have the benefit of
complete information and explanation concerning the need
for, risks, benefits, and alternatives such a transfer
• The patient has the right to ask and to be informed
of the existence of business relationships among the
hospital, educational institutions, other health care
providers, or payers that may influence the patients
treatment and care
•  The patient has the right to consent to or decline
to participate in proposed research studies or human
experimentation affecting care and treatment or
requiring direct patient involvement, and to have
those studies fully explained prior to consent. A
patient who declines to participate in research or
human experimentation is entitled to the most
effective care that the hospital can otherwise provide
• The patient has the right to expect reasonable
continuity of care when appropriate and to be
informed by physicians and other care givers of
available and realistic patient care options when
hospital care is no longer appropriate
•  The patient has the right to be informed of
hospital policies and practices that relate to patient
care, treatment and responsibilities. The patient has
the right to be informed of available resources for
resolving disputes, grievances and conflicts, such as
ethics committees, patient representatives, or other
mechanisms available in the institution. The patient
has the right to be informed of the hospitals charges
for services and available payment methods.
A bill of rights that has become law or state regulation
has the most legal authority because it provides the
patient with legal recourse. Today, patients are more
assertive and involved in their health care. They have
more information to review when looking at treatment
options and are demanding to be participants in
decision making about their health care. The patient‘s
right to information and participation in medical care
decisions has led to conflicts in the areas of informed
consent and access to medical records. Although the
manager has a responsibility to see that all patient
rights are met in the unit, the areas that are particularly
sensitive involve the right to privacy and personal
liberty, both guaranteed by the constitution.
• Patient Responsibilities
• In order to receive optimal care, patient and his family are
responsible for:
•  Providing accurate information about present illness and
past medical history and wishes for your medical care.
•  Seeking clarification when necessary to fully understand
health problems and the proposed plan of care.
•  Following through on agreed plan of care.
•  Considering and respecting the rights of others.
•  Being courteous.
•  Providing accurate information for insurance claims and
working with the Health System to make payment
arrangements when necessary so that others can benefit
from the services provided here.
•  Following visitation policies of University Hospital.