Medindia-Consumer Protection Act and Medical Profession-National commission

1.CPA 1986 & Medical Profession Related Provisions

Consumer Protection Act 1986 & Its Medical Profession related Provisions
After The Judgment Honorable Supreme Court of India dated 13-11-95

This shall consists of :

a person who is or has been a judge of the Supreme Court to be appointed by the Central Government who shall be its President. (No appointment under this clause shall be made except after consultation with the Chief Justice of India).
4 other members (qualification: As for District Forum/State Commission), one of whom shall be a woman.
Jurisdiction of the National Commission
The National Commission shall have jurisdiction:
to entertain –

(a) complaints where the value of goods services & compensation if nay, claimed exceeds rupees 20lakhs; and

(b) appeals against the orders of any State Commission.to entertain revision petitions against the State Commission.
Procedure to be followed by the National Commission

A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the National Commission or be sent by registered post, addressed to the National Commission:
the name, description and the address of the complainant;
the name, description and address of the opposite party or parties, as the case may be, so far as they can be ascertained;
the facts relating to the complaint and when and where it arose;
documents in support of allegations contained in the complaint;
the relief which the complainant claims.
The remaining procedure is similar to that for State Commission. Procedure for filing and hearing of appeals has been prescribed in Rule 15 of the Consumer Protection Rules, 1987.

Appeal against orders of the National Commission

Any person aggrieved by an order made by the National Commission, may appeal against such order to the
Supreme Court within 30 days from the date of the order.

The Supreme Court ay entertain an appeal after 30 days if it is satisfied that there was sufficient cause for not filing it within that period.

Limitation Period

The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is
filed in within 2 years from the date on which the cause of action has arisen.
In case there are sufficient grounds for not filing the complaint within such period delay may be condoned at the discretion of the Consumer Forum/Commission.

Dismissal of Frivolous or Vexatious Complaints

Where a complaint instituted before the District Forum, the State Commission or the National Commission, as the case may be, is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complaint shall pay to the opposite party such cost, not exceeding rupees 10,000 as may be specified in the order.

Penalties

Where a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum, the State Commission, as the case may be, such person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to 3 years, or with fine which shall not less than 2,000/- rupees but which may extend to 10,000 rupees, or with both. In exceptional circumstances the penalties may be reduced further.

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:-
a) the right to be protected against the marketing of services which are hazardous to life and property;
b) 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;
c) the right to be assured, whenever possible, access to a variety of services at competitive prices;
d) the right to be heard and to assured that consumer’s interest will receive due considerations at appropriate forums;
e) the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and
f) the right to consumer education.

The Central Council shall consists 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-in-charge of Consumer Affairs in the State Government.

The resolutions passed by these Councils are recommendatory in nature.