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: