The Consumer Protection Act (CPA), 2019 9th August, 2019.1 is an Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers’ disputes and for matters connected therewith or incidental thereto. Section 2(42) defines “service” as service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding 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. Therefore, medical profession is still very much under the purview of the CPA 2019 since’ services’ is not just limited to the aforementioned fields. It now includes online transactions and multi-level marketing. It also includes unfair trade practice like (i) not issuing of cash memo or bills or receipts of the sold goods or services in the prescribed manner; (ii) refusing to exchange, to take back or withdraw any defective goods or services and return the consideration thereof, within the time specified in the receipt or bill or within a period of 30 days, in absence of stipulated time in the bill or receipt; (iii) disclosing of any personal information of the consumer given in confidence to any third person unless the same is done as per the provisions of any law for the time being in force. The definition of consumer rights includes – (i) the right to be protected against the marketing of goods, products or services which are hazardous to life and property; (ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices; (iii) the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices; (iv) the right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate fora; (v) the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and (vi) the right to consumer awareness. New Act has increased the pecuniary jurisdiction of these commissions: District commission – Does not exceed 10,000,000 INR. State commission – Above 10,000,000 INR but does not exceed 100,000,000 INR. Central commission – Above 100,000,000 INR. Establishment of consumer mediation cell – The New Act have opened ways to resolve the complaints filed under the Act by way of mediation if the same can be settled both at the time of admission of complaint or any later stage, if the same is acceptable to both the parties. A mediation cell is required to be attached to each district, state and central commission and their regional benches for timely and quick resolutions of consumer complains. IMPLICATIONS IN THE MEDICAL PROFESSION The Consumer Protection Act of 2019 recognizes that patients are entitled to quality care, timely service, and transparency in medical practices. This shift emphasizes the importance of treating patients not just as individuals seeking treatment but as consumers with rights. One of the Act’s key features is the establishment of a Central Consumer Protection Authority (CCPA), which has the authority to promote, protect, and enforce consumer rights. In healthcare, this means patients can report grievances against medical practitioners for issues ranging from negligence to misleading information. The CCPA can initiate investigations and impose penalties, thus ensuring that medical professionals adhere to ethical standards and provide quality care. Moreover, the Act introduces a simplified grievance redressal mechanism that empowers consumers to file complaints at various levels—district, state, and national forums. For medical professionals, this means that they must be prepared to respond to complaints efficiently and transparently. The Act aims to streamline the process, making it easier for patients to seek justice, further emphasizing the need for medical professionals to maintain high standards in their practice. LEGAL RESPONSIBILITIES OF MEDICAL PROFESSIONALS UNDER THE ACT One of the primary obligations is to provide services that meet the requisite standards of care. Any deviation from these standards can be considered as medical negligence, leading to legal repercussions. This necessitates healthcare providers to stay updated on best practices, medical advancements, and ethical guidelines. Informed consent is a critical aspect of the Act. Therefore, medical practitioners must ensure that patients are fully aware of the risks, benefits, and alternatives associated with treatments. This requirement serves the dual purpose of protecting the patient’s rights as well as the doctors from potential litigation. Failure to obtain informed consent can lead to patients filing for legal action under the Consumer Protection Act. Transparency in billing and communicating with patients is another important duty. Medical professionals must provide clear information regarding costs, procedures, and potential outcomes to avoid misunderstandings. Proper documentation of patient interactions will be a good defence against potential claims. Deficiency of Services under the Consumer Protection Act, 2019 is defined in Section 2 (1) (g) of Consumer Protection Act, 1986 and Section 2(11) of Consumer Protection Act, 2019 as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance required to be maintained under any law or undertaken to be performed by a person under a contract or otherwise in relation to any service. It includes: Any act of negligence or omission or commission by the service provider, which causes loss or injury to the consumer. Deliberate withholding of relevant information by the service provider from the consumer. Free medical care and CPA: Court adopts a restricted approach for cases pertaining to free medical care. There is a thin line between circumstances in which services are rendered free of charge to everybody availing of them; when services must be paid for by everybody availing of them; and when they must be paid for but which are available free to persons who cannot afford to pay. It ruled that services rendered by doctors and hospitals falling in the third category would fall within the ambit of a “service.” Thus, persons who are rendered free service are “beneficiaries” and as such come within the definition of “consumer” under Section 2(1) (d) of the Act. CONCLUSION The Consumer Protection Act is a boon for the consumers but for the medical professionals as service providers, it is almost like the “Sword of Damocles” hanging over their heads. By understanding their legal responsibilities under this Act, not only quality service can be provided but the knowledge can also serve as a deterrent to potential grievances. The principles enshrined in the Consumer Protection Act if taken in good faith and implemented in practice at par with the precepts, will ultimately enhance patient satisfaction and trust in medical services. Financial support and sponsorship Nil. Conflicts of interest There are no conflicts of interest.
Soibam Neha (Mon,) studied this question.