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

In this connection, a reference may be made to a decision of this Court in the case of Indian Medical Association v. V.P. Shantha & ors. There the question had come up before this Court with regard to the provisions of the Consumer Protection Act, 1986 vis-a`-vis the medical profession. This Court has dealt with all aspects of medical profession from every angle and has come to the conclusion that the doctors or the institutes owe a duty to the patients and they cannot get away in case of lack of care to the patients. Their Lordships have gone to the extent that even if the doctors are rendering services free of charge to the patients in the Government hospitals, the provisions of the Consumer Protection Act will apply since the expenses of running the said hospitals are met by appropriation from the Consolidated Fund which is raised from the taxes paid by the tax payers. Their Lordships have First Appeal No.259 of 2014 14 dealt with regard to the definition of "service" given in Section 2(1)(o) of the Consumer Protection Act, 1986, and have observed as follows:
Supreme Court of India Cites 44 - Cited by 575 - S C Agrawal - Full Document

Pravat Kumar Mukherjee vs Ruby General Hospital & Ors on 25 April, 2005

20. Identical issue arose in the case of Pravat Kumar Mukherjee Vs. Ruby General Hospital & Ors. II (2005) CPJ 35 (NC); wherein, after discussing the entire law on the subject, the Hon'ble National Commission held that even if no payment is made, still the complainant falls under the definition of the "consumer". The authority relied upon by learned counsel for opposite party No.3 is distinguishable, as per the observations and law discussed above.
National Consumer Disputes Redressal Cites 18 - Cited by 13 - Full Document
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