Page 1 of 5
European Journal of Business &
Socqial Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 04
April 2019
Available online: https://ejbss.org/ P a g e | 2177
Awareness about Consumer Protection Act and Medical Negligence among
Private and Government Medical College & Hospital Faculty Members
Miss Sakshi Agarwal, Miss Tamanna Tayal ,Mr. Ashish Khuradiya
Institute of engineering & technology, MIA {Alwar}
MR.RAJESH KUMAR
Ass. Prof. Department of Management studies- Institute of Engineering &Technology Alwar (Raj.)
Abstract
The Consumer Protection Act 1986 provides protection to the rights of consumers and redressal of
consumer disputes. Medical profession was included within its ambit in 1995. Since then large number of
patients and consumer organizations are approaching the consumer courts for the redressal of their
grievances against doctors and hospitals. The current study was conducted to know awareness about CPA
and medical negligence among medical and surgical specialists working in Private and Govt. Medical
Colleges. It was found that the awareness about CPA and medical negligence among the medical as well
as surgical specialists was unsatisfactory.
A total of 75% of medical specialists working in Private Medical College scored very poor to poor and
25% scored moderate to good. 80% of medical specialists working in Govt. Medical College scored very
poor to poor and 20% scored moderate. 60% of surgical specialists working in Private Medical College
scored very poor to poor and 25% scored moderate to good and 50% of surgical specialists working in
Govt. Medical College scored very poor to poor and 50% scored moderate to excellent.
Introduction:
In the history of Indian legislation, enactment of Consumer Protection Act (CPA) 1986 clearly reveals
the recognition and growth of consumer jurisprudence. The Consumer Protection Act is a compassionate
social legislation that provides for protection of rights of the consumers and redressal of consumer
disputes. CPA has provided for three tier quasi-judicial consumer dispute redressal mechanism at
district, state and national level.
The Act applies to all goods and services, excluding goods for resale or for commercial purpose,
services rendered free of charge and under a contract for personal service. After about a decade of its
enactment, in 1995, medical profession was also included within the ambit of CPA by the Supreme
Court of India in a landmark case of Indian Medical Association.
.
Aims and Objectives:
1. To study an awareness about Consumer Protection Act (CPA) and medical negligence among the
faculty of medical and surgical specialties of Dayanand Medical College & Hospital, Ludhiana and
Govt. Medical College & Hospital, Patiala.
2. To compare the awareness about CPA and medical negligence among the faculty members of medical
and surgical specialties of Govt. and Private institution.
Page 2 of 5
European Journal of Business &
Socqial Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 04
April 2019
Available online: https://ejbss.org/ P a g e | 2178
Material and Methods:
The present study was conducted on 80 faculty members of Dayanand Medical College &Hospital,
Ludhiana, and Govt. Medical College & Hospital, Patiala (20 faculty members from medical specialties
and 20 faculty members from surgical specialties each from Dayanand J Indian Acad Forensic Med.
April-June 2014, Vol. 36, No. 2 ISSN 0971-0973.
Scope of Consumer Protection Act:
CPA has provided for three tier quasi-judicial consumer dispute redressal mechanism:
1. District Consumer Dispute Redressal Forum
Pecuniary jurisdiction: up to Rs. 20 Lakhs
Appeal lies to the State commission within 30 days of receipt of the order.
2. State Consumer Dispute Redressal Commission
Pecuniary jurisdiction: Rs. 20 Lakhs to 1 Crores.
Appeal lies to the National commission within 30 days of receipt of the order.
3. National Consumer Dispute Redressal Commission
Pecuniary jurisdiction: Rs.20 Lakhs to 1 Crores.
Appeal lies to the Supreme Court within 30 days of receipt of the order.
Important Definitions, Relevant to Medical Profession:
Who is a Consumer?
Consumer is a person who buys any goods for a consideration
............................................Sec 2(1) (d) (i) or hires or avails of any services for a consideration
which has been paid or promised or partly paid and part by promised, or under any system of deferred
payment and includes any beneficiary of such services other than the person who hires or avails of the
services for consideration paid or promised, or partly paid and partly promised, or under any system of
deferred payment, when such services are availed of with the approval of the first mentioned person. Sec
2(1) (d) (ii)
What is a Defect?
Any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which
is required to be maintained by or under any law for the time being in force under any contract, express
or implied or as is claimed by the trader in any manner whatsoever in relation to any goods. Sec 2(1) (f)
What is Deficiency?
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. [Sec 2(1) (g)]
Page 3 of 5
European Journal of Business &
Socqial Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 04
April 2019
Available online: https://ejbss.org/ P a g e | 2179
What is Service?
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. [Sec 2 (1) (O)]
Medical Services Covered by Sec 2(1) (o) of the Act:
In IMA v. V.P. Shantha [1] and others, the Supreme Court of India observed that the medical
services rendered by the medical practitioners are covered by Sec. 2 (1) (o) of the Act. It excludes free
services or services under a contract of personal service.
While construing the words ‘free of charge’ the Apex Court observed that the medical practitioners,
govt. hospitals/nursing homes and private doctors/nursing homes (hereinafter called doctors and
hospitals) broadly fall in three categories namely,
1. Where services are rendered free of charge to everybody availing of said services;
2. Where the charges are required to be paid by everybody availing the services; and
3. Where charges are required to be paid by persons availing services but certain category of persons
who cannot afford to pay are rendered services free of charge.
In case of first category where medical services are rendered free of charge whatsoever to every person
availing the service would not come within the ambit of ‘service’ as defined under Sec. 2 (1) (o) of the
Act. Payment of token amount for registration purposes would not alter the position in respect of such
doctors or hospitals.
In case of second category where services are rendered on payment basis to all persons will clearly come
within the ambit of Sec. 2 (1) (o) of the Act.
