Supreme Court To Revisit Application Of Consumer Protection Act On Medical Professionals
Supreme Court To Revisit Application Of Consumer Protection Act On Medical Professionals
The Supreme Court suggested on Tuesday that its 1996 ruling on the applicability of the Consumer Protection Act (CPA) to medical professionals should be reconsidered.
In the case of Indian Medical Association v. VP Shantha, the Supreme Court had determined that services provided by doctors and medical practitioners fall under the purview of the Act if they are compensated services.
A bench comprising Justices Bela Trivedi and Pankaj Mithal remarked that there was no indication that the legislature intended to encompass professionals under the Act.
"Very purpose of the Act was to protect consumers from unfair trade practices, nothing to suggest legislature wanted to include professionals," the Court stated.
Therefore, the Court suggested that the decision should be reconsidered and requested the Chief Justice of India (CJI) to refer the matter to a larger bench.
The Court rendered its decision in its judgment regarding whether services offered by advocates fall within the scope of the Consumer Protection Act.
The Court made a clear distinction between the legal profession and business or trade, highlighting that the legal profession necessitates prior training and highly specialized skills. Consequently, the Court ruled that legal professionals cannot be equated with businessmen under the Consumer Protection Act (CPA), affirming that the law does not encompass services provided by lawyers.
Therefore, the Court also expressed the view that the ruling in Indian Medical Association v. VP Shantha requires reconsideration.
The question concerning the services of lawyers emerged from a 2007 ruling by the National Consumer Disputes Redressal Commission (NCDRC), which determined that such services fall within the scope of the Act. The commission observed that the financial agreement between a client and their lawyer is bilateral.
On April 13, 2009, the Supreme Court stayed the NCDRC ruling.
