Judgment

S.C. AGRAWAL

(1) LEAVE granted in Special Leave Petitions (C) Nos. 18497 of 1993 and 21755 of 1994. Delay condoned and leave granted in Special Leave Petitions (C) Nos. 18445- 73 of 1994.

(2) THESE appeals, special leave petitions and the writ petition raise a common question, viz., whether and, if so, in what circumstances, a medical practitioner can be regarded as rendering service under Section 2(l)(o) of the Consumer Protection Act, 1986 (hereinafter referred to as the Act), Connected with this question is the question whether the service rendered at a hospital/nursing home can be regarded as service under Section 2(l)(o) of the Act. These questions have been considered by various High courts as well as by the National Consumer Disputes Redressal Commission (hereinafter referred to as the National Commission).

(3) IN Dr A.S. Chandra v. Union of India , a division bench of the A. P. High court has held that service rendered for consideration by private medical practitioners, private hospitals and nursing homes must be construed as service for the purpose of Section 2(l)(o) of the Act and the persons availing such services are consumer