S.C.AGRAWAL, KULDIP SINGH, B.L.HANSARIA
INDIAN MEDICAL ASSOCIATION – Appellant
Versus
V. P. SHANTHA – Respondent
Mr. S.C. Agrawal, J. — Leave granted in SLP (C) Nos. 18497/93 and 21755/94. Delay condoned and leave granted in SLP (C) Nos. 18445-73/94.
2. These Appeals, Special Leave Petitions and the Writ Petitions 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 v. Union of India, (1992) 1 Andhra Law Times 713, 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
1. (1992) 1 ALT 713. (Referred)[Para 3]
2. I (1994) CPJ 509 (DB)=(1994) 1 MLJ 438. (Referred)[Para 4]
3. I (1992) CPJ 302 (NC). (Referred)[Para 6]
5. III (1993) CPJ 7 (SC)=1994 (1) SCC 243. (Referred)[Para 14]
13. 1985 AC 871. (Referred)[Para 30]
14. 1969 (1) SCR 206. (Relied)[Para 31]
15. 1957 SCR 152 (157). (Relied)[Para 40]
19. 1959 SCR 1236. (Relied)[Para 42]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.