Where did patients seek help prior to arrival of CPA in 1986 ?

Law of TortsEarlier principle of "Caveat Emptor" or "let the buyer beware" which was prevalent has given way to the principle of "Consumer is King".

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Why CPA? • Court fees earlier used to deter

consumers• Nominal fees under CPA• Court procedures simplified – lawyer

not mandatory• Faster redressal of grievances

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Consumer Protection Act – 1986

• Came into force on 15th April, 1987 . • Promotes and protects consumers

against deficiencies and defects in goods or services.

• Secures rights of a consumer

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District Consumer Disputes Redressal Forum

• Forums established in each District • Entertain complaints of compensation < twenty

lakhs• Complaint filed in the local limits where the

opposite party resides, or carries on his business or works for gain or,

• Where the cause of action arises.

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State Consumer Disputes Redressal Commission

• Established in each state • Entertains complaints for compensation

> twenty lakhs but < one crore

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National Consumer Disputes Redressal Commission

• Jurisdiction for complaints where compensation > one crore

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Patient to consumer and now Customer as in Corporate hospitals ?

• A patient who pays to get services of doctor /hospital,

• Any person who pays for the patient, legal heirs / representatives of such patients,

• Spouse, parents and children of the patient.

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• A customer is not an outsider to our business. He is a definite part of it

• A customer is not an interruption of our work. He is the purpose of it.

• A customer is doing us a favour by letting us serve him. We are not doing him any favour.

• A customer is not a cold statistic; he is a flesh and blood human being with feelings and emotions like our own.

• A customer is not someone to argue or match wits with. He deserves courteous and attentive treatment.

• A customer is not dependent on us. We are dependent on him.

• A customer brings us his wants. It is our job to handle them properly and profitably - both to him and us.

• A customer makes it possible to pay our salary, whether we are a driver, plant or office employ

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As Drs we provide service…..

• “Service" of any description which is made available to potential users

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CPA does not apply to • Service rendered free of charge, or

• Under a contract of personal service

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Contract of personal service / Contract for service

• Services rendered by doctors / hospitals for payment are covered under this Act, as they are not Contract of Personal Services but Contract for Services.

• Contract of Personal Service involves ‘Master - Servant Relationship

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Master – Servant Relationship (as per National Commission Decision)

i) The employer’s (master’s) power of selection of his employee (servant) 

ii) The payment of wages or other remuneration.

iii) The employer’s right of suspension or dismissal  

iv) The employer’s right to control the method of doing the work.

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Appeals

• Person aggrieved can appeal to the State Commission within a period of thirty days

• Deposit 50% per cent of the amount or 35000 rupees, whichever is less.

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How speedy is justice ?

• < 90 days

• Not exceeding 180 days

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Limitation Period

• CPA shall not admit a complaint unless filed within two years from the date on which the cause of action has arisen.

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Non compliance of order

Non compliance of CPA order shall be punishable with imprisonment not less than one month but which may extend to three years,

Fine not less than Rs 2000, may extend to Rs 10,000, or with both

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Dismissal of Frivolous Or Vexatious Complaints

Dismiss the complaint Complainant to pay the opposite party amount not exceeding ten thousand rupees

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Summing facts …• Limitation period - 2 years from the date of

occurrence of the cause of action. • Delay can be condoned• Nominal fee only ( Rs.500 – Rs.5000)• Present his case on his own without a

lawyer.• Adjudication period 90 days, and within 150

days if it requires analysis or testing of commodities.

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