CONSUMER PROTECTION ACT (CPA)- Dr Rahul G Peddawad.pdf

Consumer protection act

1. Dr Rahul G Peddawad 1
ASSIGNMENT
CONSUMER PROTECTION ACT 1986
(CPA / COPRA)
(Amended in 2002)
Presented by: Dr. Rahul Peddawad
Course: Masters in Hospital Administration-1
st
Year
Batch :-2023-25
Semester : I
Subject : Hospital Industry
Submitted to: Dr. Ratnaprabhama’am

2. CONSUMER PROTECTION ACT 1986
(CPA / COPRA)
(Amended in 2002)
Dr Rahul Peddawad
Dr Rahul G Peddawad 2

3. INTRODUCTION
•Applicability of the CPA to the
services provided by Medical
professionals has the seal of
approval of the Hon’ble Supreme
Court
•Doctors must be aware of
essential precautions while
handling patients
•1995 Medical profession came
under CPA
(Supreme court Judgment : IMA
Vs V P Shantha.
Dr Rahul G Peddawad 3

4. What is consumer?
The Supreme Court has defined the consumer as:
•Any person who:
1.Buys goods for consideration, or
2.Hires or avails of any service for consideration
•Exceptions:
1.Service rendered free of charge
2.Service rendered under a contract of personal service
3.Services of Government Officials
Dr Rahul G Peddawad 4

5. Who is a CONSUMER ?
As per Sec. 2 (1) (d),
Any person who:
• Buys any goods for a consideration which has been paid or will be paid.
• Hires or avails any service for a consideration which has been paid or will be
paid.
• It does not include a person who obtains goods for resale or any commercial
purpose
For example,
When your father buys anapple for you and you consume them, your father as well as
yourself are treated as consumers. The same thing applies to hiring a taxi to go to your school.
Dr Rahul G Peddawad 5

6. RIGHTS OF A CONSUMER
•Protection against marketing of
goods/services hazardous to life /
property
•Information on Quality/
quantity/potency/purity/standar
d/price
•Access to goods at competitive
prices
•Be heard by Consumer Fora
•Redresalagainst unfair trade
•Be educated
Dr Rahul G Peddawad 6

7. CONCEPT OF CONSUMER PROTECTION
• Consumer protection means safeguarding the interest and rights of
consumers. In other words, it refers to the measures adopted for the
protection of consumers from unscrupulous and unethical malpractices
by the business and to provide them speedy redressal of their
grievances.
Dr Rahul G Peddawad 7

8. Consumer Protection Act (CPA),
1986-
• In order to provide for better protection of the interests of the consumer the
Consumer Protection Bill, 1986 was introduced in the Lok Sabha on 5th December,
1986.
• The provisions of the Act came into force with effect from 15-4-1987.
• The Consumer Protection Act, 1986 is a social welfare legislation which was
enacted as a result of widespread consumer protection movement.
Dr Rahul G Peddawad 8

9. Objective
•To provide speedy and simple redressal to consumer disputes.
•It is one of the benevolent pieces of legislation intended to protect the consumers at
large from exploitation.
RIGHTS CONFERRED ON CONSUMERS BY THE ‘CPA’
1.Right to safety
2.Right to information
3.Right to choice
4.Right to be heard
5.Right to redressal of their grievances
6.Right to consumer education
Dr Rahul G Peddawad 9

10. Dr Rahul G Peddawad 10

11. REDRESSAL AGENCY:
The aims and objectives of the Act are achieved by-
District Forum
State Commission
National Commission
Dr Rahul G Peddawad 11

12. DISTRICT FORUM
• It shall consist of a person who is or has been or is qualified to be a District
Judge as its President, 2 other members, one of whom shall be a woman
• Every member of the District Forum shall hold office for a term of 5 years or
up to the age of 65 years which ever is earlier
• It shall have jurisdiction to entertain complaints where the value of the
goods or services and the compensation, if any, claimed does not exceed Rs.
20 Lacs.
Dr Rahul G Peddawad 12

13. A DISTRICT FORUM SHALL HAVE THE POWERS-
•To remove the defect pointed out by the appropriate laboratory from the goods in question
•To replace the goods with new goods of similar description which shall be free from any
defect
•To return to the complainant the price, or as the case may be, the charges paid by the
complainant
•To pay such amount as may be awarded by it as compensation to the consumer for any loss
or injury suffered by the consumer due to the negligence of the opposite party
Dr Rahul G Peddawad 13

14. STATE COMMISSION
• It is established by State Government by notification
• It shall have jurisdiction to entertain complaints where the value of the
goods or services and compensation, if any, claimed exceeds Rs. 20 Lacs but
does not exceed Rs.1 Crore and appeals against the orders of any District
Forum within the State
Dr Rahul G Peddawad 14

15. NATIONAL COMMISSION
• It shall consist of a person who is or has been a Judge of the Supreme Court,
as its President. Not less than 4 and not more than such number of members
as may be prescribed and one of whom shall be a woman
• Every member of the National commission shall hold office for a term of 5
years or up to the age of 70 years which ever is earlier.
• It shall have jurisdiction to entertain complaints where the value of the
goods or services and compensation, if any, the claim exceeds Rs. 1 Crore and
appeals against the orders of any State Commission
Dr Rahul G Peddawad 15

16. HOW TO FILE A CASE-
•File within 2 years of cause of action in the District Forum
•Submit 3 copies of complaint on plain paper with supporting
documents (bill, receipt, etc)
•NO LAWYER NEEDED
Dr Rahul G Peddawad 16

17. ESSENTIAL INFORMATION IN THE
APPLICATION-
•Your name and full address
•Name and full address of opposite party
•Description of goods and services
•Quality and quantity
•Price
•Date and proof of purchase and hiring
•Nature of problem
•Type of redressal you want
Dr Rahul G Peddawad 17

18. WHAT KIND OF REMEDIES CAN I ASK FOR ?
•LAW PROVIDES FOR FOLLOWING REMEDIES-
•Removal of the defects and deficiencies
•Refund of money
•Replacement of the goods
•Compensation for loss or harassment or mental agony
•Prohibition f marketing of goods
•Hazardous for health or environment
Dr Rahul G Peddawad 18

19. BENEFITS AND RELIEFS-
•Benefits-
•Disposal within 90 days
•No adjournment shall ordinarily be granted-Speedy trial
•Relief-
•Removal of defects in goods or deficiency in services
•Replacement of defective goods
•Refund
•Compensation
•Prohibition on sale of hazardous goods.
Dr Rahul G Peddawad 19

20. In relation to medical services, the CPA covers problems pertaining mainly to
1.Informed consent
2.Medical malpractice
3.Product liability.
4.ThedoctorsandhospitalswhorenderServiceasmedicalpractitionersareliableforanyactof
medicalnegligenceandtheycanbesuedforcompensationundertheConsumerProtection
Act.
5.Servicerenderedtoapatientbyamedicalpractitionerbywayofconsultation,diagnosisand
treatment,bothmedicalandsurgical,ataGovernmenthospital,healthcentreordispensary,
oratanon-governmenthospitalornursinghomewherechargesarerequiredtobepaidby
allpersonsorpersonswhoareinapositiontopay,andthepersonswhocannotaffordtopay
arerenderedfreeofcharge,fallwithinthepurviewofthisAct.
6.ServicerenderedataGovernmenthospital,healthcentreordispensary,oratanon-
governmenthospitalornursinghomebyadoctorattachedoremployedinahospitalor
nursinghomewherenocharge,whatsoever,ismadefromanypersonavailingtheservices
andallpatientsaregivenfreeservicesisoutsidethepurviewoftheAct.
7.Thepaymentoftokenamountforregistrationpurposeonlyatthehospitalornursinghome
wouldnotaltertheposition.
Dr Rahul G Peddawad 20

21. CPA AND MEDICAL SERVICES-
•Medical practitioners who render services are liable for any act of
‘medical negligence’ and can be sued under the CPA.
•Consultation, diagnosis and treatment, both medical and surgical, at a
Government hospital or dispensary, or at a non-government hospital or
nursing home where charges are required to be paid, fall within the
purview of this Act.
•Services rendered at the above facilities where NO charge whatsoever, is
made from any person availing the services is outside the purview of the
Act.
Dr Rahul G Peddawad 21

22. CONCLUSION-
•Consumer protection law is designed to ensure fair competition
and the free flow of truthful information in the market place
•The law is designed to prevent business that engages in fraud or
specified unfair trade practices (UTP) from gaining an advantage
over competitors and way providing additional protection for the
weak and those unable to take care of themselves.
Dr Rahul G Peddawad 22

23. THANK YOU
Dr Rahul G Peddawad 23