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Documents citing Dr. C.S. Subramanian vs Kumarasamy And Others on 17 February, 1994

The Registrar, University Of Madras, ... vs The Union Of India, Represented By Its ... on 19 December, 1994

It is submitted that the definition of 'consumer' even after the amendment of clause (ii) in Section 2(d) will not apply to a non-commercial service or activity. The introduction of the words "or avails of" after the word "hires" in the sub-clause has not brought about a change in the scope or the Section on this aspect of the matter. It is in this connection reliance is placed upon the following reasoning of the Division Bench in Dr. C.S. Subramanian v. Kumarasamy and another (1994) 2 CTJ 294 (Supreme Court) (CP) = (1994-1-L.W. 347) :-
Madras High Court Cites 83 - Cited by 13 - M Srinivasan - Full Document

The Registrar, University Of Madras And ... vs Union Of India (Uoi), Represented By Its ... on 19 December, 1994

39. A Division Bench of this Court has held that the said amendment has not changed the position regarding hospitals and services rendered by them Vide Dr. C.S. Subramanian v. Kumarasamy and Anr. (1994)1 L.W. 347. The Division Bench held in that case that the services rendered by a Medical Practitioner or a hospital to a patient by way of diagnosis and treatment would not come within the meaning of 'service' as defined in the Act and a patient who undergoes treatment under a medical practitioner or a hospital by way of diagnosis and treatment, cannot be considered to be a 'consumer' as defined by the Act. However, the Division Bench held that the Act would apply to para-medical services rendered by medical practitioners or hospitals to the extent of which they would fall within the definition and a person availing such service would be a 'consumer' under the Act. The main plank of the arguments of the petitioners in these cases is the said Judgment of the Division Bench. We will refer to the same in detail a little later.
Madras High Court Cites 89 - Cited by 13 - Full Document

Indian Medical Association vs V.P. Shantha & Ors on 13 November, 1995

By judgment dated April 21, 1992 in First Appeal Nos. 48 and 94 of 1991, the National Commission has held that the activity of providing medical assistance for payment carried on by hospitals and members of the medical profession falls within the scope of the expression `service' as defined in Section 2(1)(o) of the Act and that in the event of any deficiency in the performance of such service, the aggrieved party can invoke the remedies provided under the Act by filing a complaint before the Consumer Forum having jurisdiction. It has also been held that the legal representatives of the deceased patients who were undergoing treatment in the hospital are `consumers' under the Act and are competent to maintain the complaint. C.A. Nos. 688/93 and 689/93 filed by the Indian Medical Association and SLP (C) Nos. 6885 and 6950/92 filed by M/s Cosmopolitan Hospital are directed against the said judgment of the National Commission.
Supreme Court of India Cites 44 - Cited by 575 - S C Agrawal - Full Document
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