Bench: S.C. Agrawal, Kuldip Singh and B.L. Hansaria
Facts
There were increasing cases relating to Doctor (India Medical) Negligence, and it was ambiguous whether medical services are services under COPRA, 1986 or not and whether hospital or doctor or medical practitioner is in the ambit of COPRA, 1986 or not.
Hence, in this PIL, a writ was filed in Supreme Court under Article 32 of Constitution of India, to decide upon Scope and Jurisdiction of the Consumer Protection Act, 1986.
Issues
Whether a India medical practitioner can be regarded as rendering ‘service’ under the Consumer Protection Act, 1986
Whether the service rendered at a hospital/nursing home can be regarded as ‘service’ under the Act.
Arguments
It was contended from the side of respondent that law distinguishes between profession and occupation and the Act include only occupational services not those of professional services. So, medical profession being a professional service should not be covered under the Act.
It was urged from side of respondent that medical services are Contract of personal service which implies that medical services are not services under Section 2(1) (o) as Contract of personal service is exclusionary part of the services.
Decision
In this case it was held that definition of services under the Consumer Act is inclusive of Healthcare or medical sector as the patients are paying for the services being undertaken by them. Services rendered by the doctors or medical practitioners are covered under the definition of ‘services’ in the Consumer Protection Act, except in cases where the services are provided free of cost for charitable purposes.
