CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

HEALTH LAW PROJECT

“CONSUMER PROTECTION LAW, WITH SPECIAL

REFERENCE TO HEALTH”

Submitted to:- Submitted by:-

ACKNOWLEDGMENT

The present project on the “CONSUMER PROTECTION LAW WITH SPECIAL

REFERENCE TO HEALTH”, has been able to get its final shape with the support and help
of people from various quarters. My sincere thanks go to all the members without whom the
study could not have come to its present state. I am proud to acknowledge gratitude to the
individuals during my study and without whom the study may not be completed. I have taken
this opportunity to thank those who genuinely helped me.
With immense pleasure, I express my deepest sense of gratitude to MR.KUMAR GAURAV,
sir, Faculty for HEALTH LAW, Chanakya National Law University, for helping me in my
project. I am also thankful to the whole Chanakya National Law University family that
provided me all the material I required for the project. I would also like to thank my parents
without whose blessings the completion of this project was not possible.

I have made every effort to acknowledge credits, but I apologies in advance for any omission
that may have inadvertently taken place.

ASHUTOSH KUMAR
  RESEARCH METHODOLOGY

It is doctrinal in nature.

• AIMS AND OBJECTIVES:

The aim of the project is to present a detailed study on the topic“ consumer protection act,
with reference to health law.

• SOURCES OF DATA:

Both primary and secondary sources of data have been used in the project-

1. Articles/Journals

2. Books

3. Websites

• METHOD OF WRITING AND MODE OF CITATION:

The method of writing followed in the course of this research paper is doctrinal as well as
non-doctrinal. The research is followed with Uniform method of citation throughout the
course of this research paper.
 INDEX
CHAPTER PAGE NO.

1. Introduction ----------------------------------------------------------------------- 5

2. Meaning and Concept of Consumer Protection------------------------------ 7

Who is consumer--------------------------------------------------------------- ---- 7

Consumer Advocacy--------------------------------------------------------- ------ 8
Consumer Rights-------------------------------------------------------------------- 11

3. Consumer Health, Safety & Relationship B/W Patient and Doctor----- 15

Relations between Patient and Doctors --------------------------------- ------- 17

Duties and Obligations of Doctor---------------------------------------- ------- 19

Deficiency in Service--------------------------------------------------------------- 20

Medical Negligence- And Call for Consumer Protection.----------- ------- 22

4. Consumer Protection Legislations----------------------------------------- 25

Consumer Protection Act, 1986------------------------------------------------ 26

Objective, Procedure under CPA, 1986--------------------------------- ----- 27

5. Redressal Mechanisms------------------------------------------------------- 43

Stages of Redressal Forums ( District, State, National)------------------- 42

Redressal Forum under different Law-------------------------------- ----- 48

6. Concluding Remark---------------------------------------------------------- 51

Bibliography ---------------------------------------------------------------------- 52
 INTRODUCTION

The inherent profit motive in mass production and sales also offers the opportunity to many

manufacturers and dealers to exploit consumers. Each day, unscrupulous market practices are

finding their way into consumer homes, violating consumer rights and jeopardising their

safety. The need for empowerment of consumers as a class cannot be overemphasized and is

already well recognized all over the world. The level of awareness of the consumer can be

taken as an indicator of the progress of a country. Be it medicines, electronic goods, Fast

Moving Consumer Goods or even services rendered – each of these demand that consumers

become aware of their rights. In order to safeguard consumer interest, six consumer rights

were initially envisioned by consumer rights activists, namely 1: Right to Safety, Right to

information, Right to Choice, Right to Heard, Right to Redress and Right to Consumer

Education. In time, two more important rights were added viz.: Right to Basic Needs and the

Right to a Healthy and Sustained environment.

Lately, Indian society is experiencing a growing awareness regarding Patient's Rights. This

trend is clearly discernible from the recent spurt in litigation concerning medical professional

or establishment liability, claiming redressal for the suffering caused due to Medical

Negligence, vitiated consent, and breach of confidentiality arising out of the doctor-patient

relationship. The Patient-Centered initiative of rights protection is required to be appreciated

in the economic context of the rapid decline of State spending and massive private investment

in the sphere of the health care system and the Indian Supreme Court's painstaking efforts to

Constitutionalize a right to health as a fundamental right. As of now, the adjudicating process

with regard to medical professional liability, be it in a consumer forum or a regular civil or

criminal court, considers common law principles relating to negligence, vitiated consent, and

breach of confidentiality. However, it is equally essential to note that the protection of

1 https://www.scoopwhoop.com/inothernews/consumer-rights-india/#.1pgdes2dw( assessed on 20-04-2019)

patient's right shall not be at the cost of professional integrity and autonomy. There is

definitely a need for striking a delicate balance. Otherwise, the consequences would be

inexplicable.

In this context, there is a deserving need for a two-pronged approach. On one hand, the

desirable direction points towards identification of minimum reasonable standards in light of

the social, economical, and cultural context that would facilitate the adjudicators to decide

issues of professional liability on an objective basis. On the other hand, such identification

enables the medical professionals to internalize such standards in their day-to-day discharge

of professional duties, which would hopefully prevent to a large extent the scenario of

protection of patient's rights in a litigative atmosphere. In the long run, the present adversarial

placement of doctor and the patient would undergo a transformation to the advantage of the

patient, doctor, and society at large.2

2 Associate Professor in Law, Chair on ‘Consumer Law & Practice’, National Law School of India University,
Bangalore