Documente Academic
Documente Profesional
Documente Cultură
SUBMITTED TO:
BY:
MR SHAILENDER SLATHIA
KUMAR
SUBMITTED
ASHUTOSH
ROLL NO.-
MR SHAILENDER SLATHIA
KUMAR
ASHUTOSH
ACKNOWLEDGEMENTS
INDEX
CONTENT
1.
INTRODUCTION
2.
CONSUMER PROTECTION ACT
1986
3.
INDIAN MEDICAL ASSOCIATION
OF INDIA VS
V .P. SANTHA
4.
CONCLUSION
5.
REFERENCE
INTRODUCTION
The doctor- patient relationship is one of the most unique and privileged
relation based on mutual trust and faith. But presently there is a great
decline in this relationship which might be due to communication gap
between them, commercialization of health services, raising expectations
from doctors or increased consumer awareness. Though to err is human
nature, but mistakes of medical professional which may result in death
of a person or cause permanent impairment can be particularly costly
and cannot be overlooked. The law does not aim to punish doctors for all
their mistakes, but only to those which are committed out of negligence.
Mistakes occur but which occurs from carelessness and negligence
cannot be let off. The landmark case Indian Medical Association Vs.
V.P.Shantha brought the medical professionals within the ambit of
service as defined in the Consumer Protection Act, 1986.
ibid
Any unfair trade practice or restrictive trade practice adopted ;by the
trader
b) Defective goods
b)
Deficiency in service
c)
(f)
www.wikipedia.org
person; but does not include a person who avails of such services of any
commercial purpose.6
Section 2(1) (o) of Consumer Protection Act, 1986, which defines
service as service of any description which is made available to
potential (users and includes 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.7
Section 2(1) (g) of Consumer Protection Act, 1986, states that
"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 14 (1) (d) of Consumer Protection Act, 1986,deals with Finding
of District Forum, If, after the proceeding conducted under section 13,
the District Forum is satisfied that the goods complained against suffer
from any of the defects specified in the complaint or that any of the
allegations contained in the complaint about the services are proved, it
shall issue an order to the opposite party directing him to pay such
amount as may be awarded by it as compensation to the consumer for
any loss or injury suffered by the consumer due to the negligence of the
opposite party.8
6
7
Cases Referred: Bolam v Friern Hospital Management Committee [1957] 1 W.L.R. 582
Dharangdhara Chemical Works Ltd. v State of Saurashtra, AIR 1957
SC 264
Lucknow Development Authority vs M.K. Gupta, 1994 AIR 787
Argument:v First issue which was raised in petition dealt with services of medical
practitioner are services under Consumer Protection Act, 1986. It was
contended from the side of respondent IMA that law distinguishes
between profession and occupation and the Act include only
occupational services not those of professional services under Section
2(1)(o) of the Act. So, medical profession being a professional service
should not be covered under the Act.
8
9
ibid
www.legalservicesindia.com
c. Charges are required to be paid by all person except those, who cannot
afford (services are rendered free)
10
www.legalservicesindia.com
CONCLUSION
1. This case gave effect to consumers who were suffering from medical
negligence and including medical services in the ambit of Consumer
Protection Act, 1986 enabled consumer to get more speedy and cheap
justice. As this is the main aim of the Act.
REFERENCE
BOOKS
1. A. LAKSHMINATH & M SRIDHAR- RAMASWAMY
IYER
2. RATANLAL & DHEERAJLAL- LAW OF TORTS
3. AVTAR SINGH-INTRODUCTION TO LAW OF TORTS
4. R.K. BANGIA-LAW OF TORTS
WEBSITES
1. WWW.WIKIPEDIA.ORG
2. LEGALSERVICESINDIA.COM
3. WWW.INDIANKANOON.COM