KULDIP SINGH, B.L.HANSARIA, S.C.AGRAWAL
Indian Medical Association – Appellant
Versus
V. P. Shantha – Respondent
(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 (1) (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 (1) (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 vs. Union of India (1), a Division Bench of Andhra Pradesh 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 (1) (o) of the Act and the persons availing such services are consumers within the meaning of Section 2 (1) (d) of the Act.
(4). In Dr. C.S. Subramanian
2. Dr. C.S. Subramanian vs. Kumarasamy & Anr. (I (1994) CPJ 509=(1994) 1 MLJ 438)
3. Cosmolitan Hospitals & Anr. vs. Smt. Vasantha P. Nair ((1992) CPJ 302 (NC))
5. Lucknow Development Authority vs. M.K. Gupta (III (1993) CPJ 7 (SC) = 1994 (1) SCC 243)
14. Sidaway vs. Governor of Bethlem Royal Hospital (1985 AC 871)
15. Laxman Balakrishna Joshi vs. Trimbak Bapu Godbole & Anr. (1969 (1) SCR 206)
17. Dharangadhara Chemical Works Ltd. vs. State of Saurashtra (1957 SCR 152 at P. 157)
21. Dr. S.B. Dutt vs. University of Delhi (1959 SCR 1236)
Swanmiar of Sir Shirur Mutt (1954 SCR 1005 at pp. 1040-41)
24. Dr. Sri. Louie & Anr. vs. Smt. Kannolil Pathumma & Anr. (I(1993) CPJ 30 (NC))
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