Consumer Protection Act and Medical Profession - Consumer Protection Councils

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Consumer Protection Councils

The Act provides for the establishment of -

(1) The Central Consumer Protection Council ( The Central Council).

(2) The State Consumer Protection Council ( The State Council).

Objectives of the Council shall be: To promote and protect the rights of the consumers such as ,

1. the right to be protected against the marketing of services which are hazardous to life and property ;

2. the right to be informed about the quality, quantity, potency, purity, standard and price of services so as to protect the consumer against unfair trade practices ;

3. the right to be assured, whenever possible, access to a variety of services at competitive prices ;

4. the right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate forums ;

5. the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers ; and

6. the right to consumer education.

The Central Council shall consist of 150 members. The Minister In Charge of the Consumer Affairs in the Central Government shall be its Chairman. The State Council shall be chaired by Minister Incharge of Consumer Affairs in the State Government. The resolution passed by these Councils shall be recommendatory in nature.

The Future

Recently, the Central Consumer Protection Council sought some amendments in the Consumer Protection Act to cover the existing lacunas. One of the sweeping changes proposed was to bring in medical and health services offered by the government within the ambit of Consumer Protection Act. Minister of State for Civil Supplies Shri Kamaluddin Ahmed said in the Lok Sabha on April 10,1992, that entire goods and services, including health services are proposed to be brought under the Consumer Protection Act , 1986 and these will be brought before the Parliament in the next session. But on the issue of bringing in medical and health services offered by the Government under the umbrella of C.P. Act, Shri Sathi Nair, Joint Secretary in the Consumer Affairs Ministry said : " We are not publishing this amendment through immediately because the Health Ministry says its hospitals are already overcrowded, and lack in infrastructure, finance and drugs. It may bring the services to a grinding halt". The Consumer Protection ( Amendment ) Act, 1993 has since been passed by the Parliament in the Monsoon Session, without bringing into its ambit Govt. health services.

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Kapil999, India

I was appointed to run a clinic from a hospital facility. The management one day suddenly closed the premises, with all my belongings trapped inside, without giving me any notice. The treatment of many patients was under way and they feel lost. I have complained to police for cognizable offences and also written to the state medical bodies highlighting the manner in which the premises was shut down in my absence. Are any clauses of medical act violated in this sudden and unannounced closure of a medical facility? Dr K G

Rajeev2009, India

I have booked two tickets under PNR no. 4408538575, for travelling from bangalore to delhi by 12213 duranto express on 27-06-2015. But on 23-06-2015 i have received a message regarding cancellation of train, then i called railway enquiry no. 139 in this regard and they told that train cancellation can only be confirmed on 27-06-2015 morning and also advised that i have not to cancel the ticket now but after departure time of the train i have to file the TDR online through irctc website. But when i open the site next day the ticket cancellation option said that it is too late too be cancelled and TDR option said that TDR can only be filled after charting and departure. So I could not cancel my tickets and contact the irctc helpline 011- 39340000 and they told to send an email in this regard on [email protected] and they issue me a Ticket No. 1686501, But they also refused the return on 12/07/2015 by saying that I have filled the TDR very late on 03/07/2015, which had to be filled within 72 hours of train departure time. As I have said earlier wihen I make cancellation of ticket irctc website refuse it and when I file TDR irctc site told that TDR can only be file after charting done and departure of train, no other method is describe there. The method of sending email is only come to know by me when I contacted irctc helpline. This is duty of Railway and Irctc to let the passenger know about the refund procedure in case of cancellation of train. So I want back all my money which is Rs.5636.17/- as train is cancelled by railway itself.

abhi0786, India

I need suggestion regarding the doctors bill. Doctor is giving me bill for 17000 for 3 day for my wife's treatment. She was not admitted to the clinic, just for three days doctor given her 2 bottle of saline everyday. Doctor is having clinic not the hospital. Can you suggest what can i do?

chit123, India

I want to complain against shiv medicos in H block ashok vihar for not giving proper bills for medicines purchased and also not verifying or asking for any prescription and seselling medicines without prescriptions...

nagercoil123

This letter is with reference to the wrong or unwanted medical procedure and hiding the truth regarding my health. Dr. S.Selvamani, Senior Consultant and Interventional cardiologist [ Reg. No: 36009] done procedures like TPI CAG Successful PTCA with BVS (Bio Resorbable Vascular Scaffold) to RCA done on 18-19-2013. I was discharged on 28/09/2013 with the discharge summary as General Condition is GOOD and I thought that I had a single vessel block and that it was cleared by PTCA method and I can continue a normal life. After Discharge,( since the hospital is around 250 Km away from my home town ) I went to another cardiologist in my home town , He took ECHO and stated the extra points like Dialated LA/LV , Grade 3 Diastolic Dysfunction , Moderate PAH , Sclerotic aortic value and minimal effusion behind inferolateral wall , moderate to severe MR, posteriorly directed wall hugging jet ( MR dp/dt 982) and the Global EF is 33 % although Meenakshi Mission Hospital and Research Centre, Madurai took ECHO they didn't reveled the above points in their discharge sheet and the cardiologist Dr.S.Selvamani ,didn't prescribed the medicines which will improve the EF % . Now I am taking T.Planeb, T.Cardarone and T. Cardace to improve the condition of the heart prescribed by an another cardiologist to improve the pumping capacity of the heart, which was failed by Dr. S. Selvamani. So I suspect that Dr. S. Selvamani didn't diagnosed or gave importance to the pumping capacity of my heart and he did wrong or unwanted procedure like PTCA and temporary pace maker installation. Dr. S. Selvamani, procedures makes me to spend around Rs.4,50,000 ( Rupees Four lacs and fifty Thousand ) at Meenakshi Mission Hospital and Research Centre, Madurai and now I am spending more money on review and other lab and ECHO procedures to improve the EF% of my heart. I strongly believe that I have been treated wrong / unwanted procedures at Meenakshi Mission Hospital and Research Centre, Madurai by Dr. S.Selvamani. I am ready to submit any medical documents and willing to go any more procedures to prove that I had been treated at Meenakshi Mission Hospital and Research Centre, Madurai in unwanted or neglected medical procedures.

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