TABLE OF CONTENTS

Sr no Date Topics
1. 14/02/23
CENTRALCONSUMER PROTECTION
ACT 2019
(45
min)
1.1 Introduction to consumer protection
authority
-Position of the Consumer Law Prior to
2019 amendment
-Act and its Amendments
-Who is a consumer?
-Consumer protection act 2019 – objectives
-Rights of Consumers
-Who can file a complaint?
1.2 Central protection authority –
Legal provisions { chapter III,
sections 10 – 27}

- establishment of a central consumer

protection authority
 - qualifications, method of recruitment, and
the procedure for appointment
-Procedure of central authority
-The investigation wing of the central
authority
-Role of district collector
-Complaints to authorities
-Functions of central protection authority
1.3 - Conclusion

30/03/23
2. MEDICAL NEGLIGENCE UNDER
CONSUMER PROTECTION ACT 2019
(45
min)
2.1 Introduction
2.2 definitions
2.3 meaning of negligence
2.4 meaning of medical negligence
 2.5 what constitutes medical
negligence
2.6 case laws
2.7 when does the liability arise?
2.8 when there is no liability?
2.9 liability under the consumer
protection act 2019
3. where to seek redressal?
3.1 case studies
3.2 conclusion

19/04/23
3 THIRD-PARTY INSURANCE UNDER
MOTOR VEHICLE ACT 1988

3.1 Introduction
(45
- History
min) - Aim of the act
3.2 meaning of third-party insurance
3.3 How Does Third-Party Insurance Work?
3.4 parties involved?
3.5 benefits of buying third-party liability
insurance
3.6 legal provisions
chapter xi - insurance of motor vehicles
 against third-party risks( section 145 – 164)
3.7 conclusion
4 REFERENCES
 TEACHING PRACTICE -1
CENTRAL CONSUMER PROTECTION AUTHORITY

LESSON PLAN 1

OBJECTIVES
 To equip students with a comprehensive understanding of consumer
protection laws and policies.

 To develop a deep understanding of the role and functions of the Central

Consumer Protection Authority (CCPA).

 To enhance students' knowledge of consumer rights and responsibilities.

 To develop students' skills in identifying and addressing consumer

grievances.

 To train students in effective consumer advocacy and protection.

GOAL
The Consumer Protection Act, 2019, establishes the Central Consumer
Protection Authority (CCPA) as a regulatory body to protect consumer rights in
India. Studying about the CCPA is important for understanding the legal
framework for consumer protection in India and the role of the CCPA in
enforcing consumer protection laws.

The key goal of studying the CCPA is to understand its functions and powers as
a regulatory body. The CCPA is responsible for promoting, protecting, and
enforcing the rights of consumers, investigating complaints, and taking
appropriate action against unfair trade practices and misleading advertisements.
It has the power to impose penalties, issue orders, and even file complaints
before consumer courts on behalf of consumers.
By studying the CCPA, you can also gain insights into the scope of consumer
protection laws in India, including the rights and responsibilities of consumers
and businesses. You can learn about the various provisions of the Consumer
Protection Act, 2019, and how they impact different stakeholders in the
marketplace.
In nutshell, studying the CCPA is important for understanding consumer
protection laws in India, the role of regulatory bodies in protecting consumer
rights, and the implications of these laws for businesses and consumers alike

SYNOPSIS
The Act of 2019 introduces three distinct statutory bodies for consumer
protection in India: Consumer Protection Councils, Central Consumer
Protection Authority, and Consumer Disputes Redressal Commissions. Each
body has different jurisdiction and duties, with the Councils serving as advisory
bodies with no enforcement or investigation powers, while the Commissions are
quasi-judicial bodies with the power to adjudicate upon consumer disputes and
issue enforceable awards. The CCPA, on the other hand, is neither purely
regulatory nor entirely adjudicatory and has the power to investigate and
regulate unfair trade practices and false advertising. The CCPA comprises the
Chief Commissioner, Commissioners, subject matter experts, professionals, and
an investigation wing headed by a Director-General. It is mostly centralized,
with the power to create regional offices but no mandate to create state or
district authorities.

The Consumer Protection Act 2019 (CPA 2019) empowers the Central
Consumer Protection Authority (CCPA) to regulate matters related to violations
of consumer rights, unfair trade practices, and misleading advertisements.
However, this right to regulate appears to be limited to situations where the
rights of consumers in general or as a class are being or could be adversely
affected. The CCPA has the power to protect, promote and enforce the rights of
consumers as a class, review safeguards provided under laws other than the
CPA 2019, and recommend remedial measures for factors inhibiting the
enjoyment of consumer rights.

The CCPA can identify international best practices on consumer rights and
promote research in the field of consumer rights. Additionally, it can issue
necessary guidelines to prevent unfair trade practices and protect consumer
interests, which can act as guiding principles for courts, quasi-judicial bodies,
and concerned departments of various state governments. The CCPA also has
an advisory role, assisting central and state governments on measures to ensure
consumer welfare and best practices.

The CCPA's role is similar to that of the Consumer Protection Councils under
the Act, 1986. However, the CCPA has investigative and punitive powers that
the Councils lacked. There is a debate on whether the creation of a separate
statutory body with its own infrastructure, manpower, and regulations would
lead to further complications, or if the Councils could have been empowered
with investigative and punitive powers like those in the present act.

The CCPA has been granted significant powers to conduct inquiries and
conduct investigations related to consumer rights violations, unfair trade
practices, and false or misleading advertisements. However, the right to conduct
an inquiry or investigation is conditioned upon "prejudice to the public interest
or to the interests of consumers as a class." The CCPA may initiate a
preliminary inquiry and may direct an investigation by the Investigation Wing,
District Collector, or a Statutory Regulator after concluding the preliminary
inquiry and recording satisfaction of the existence of a prima facie case.
SLIDES
 TEACHING PRACTICE – 2
TOPIC - MEDICAL NEGLIGENCE

OBJECTIVES:

 To understand the legal and ethical aspects of medical

negligence
 To learn about the various forms of medical negligence
and their consequences
 To explore the role of healthcare professionals in
preventing medical negligence
 To understand the legal framework for medical negligence
claims and lawsuits

GOALS
Studying medical negligence under the Consumer Protection Act,
2019, is important for several reasons:
Protection of Consumer Rights: Patients are consumers of
healthcare services, and they have the right to expect a certain
standard of care from healthcare professionals. The Consumer
Protection Act, 2019, protects consumer rights, including the right to
be informed, the right to safety, and the right to seek redressal for
grievances. Studying medical negligence under this Act ensures that
patients are aware of their rights and can take legal action in case of
medical negligence.
Legal Framework: The Consumer Protection Act, 2019, provides a
legal framework for addressing cases of medical negligence. This Act
defines medical negligence and provides for compensation to be
awarded to victims of medical negligence. Understanding this legal
framework is important for healthcare professionals and patients
alike.
Importance of Patient Safety: Studying medical negligence under
the Consumer Protection Act, 2019, emphasizes the importance of
patient safety in healthcare. By learning about medical negligence,
healthcare professionals can identify areas of risk and take steps to
prevent medical errors and adverse events. This can improve patient
outcomes and quality of care.
Accountability of Healthcare Professionals: Healthcare
professionals have a duty of care towards their patients. Studying
medical negligence under the Consumer Protection Act, 2019,
reinforces this duty of care and emphasizes the need for accountability
among healthcare professionals. Healthcare professionals can be held
liable for medical negligence, and the Act provides for penalties and
compensation to be awarded to victims of medical negligence.

SYNOPSIS
The definition of medical negligence refers to the failure of a medical
practitioner, such as a nurse, physician, surgeon, or pharmacist, to provide
proper or skilled treatment to their patients. However, a simple error in
judgment or lack of care on the part of a medical professional is not
automatically considered negligence. In order to establish negligence, it must be
shown that the medical practitioner did not adhere to the standard duty of care
expected of them, and that a more experienced doctor or a better alternative
treatment was available that they did not utilize. Essentially, as long as the
doctor follows the protocols that are consistent with current medical practices,
they cannot be held liable for medical negligence.

The new Consumer Protection Act, which came into effect in June 2019,
defines the term "services" in Section 2(42) of the act, but healthcare is not
specifically mentioned. While the section does not exclude healthcare services
from its ambit, it also does not explicitly include them. This has created
ambiguity regarding whether healthcare services are covered under the act or
not.

However, the Supreme Court has clarified that doctors who provide their
services for free, even if they draw a salary from the hospital, will not be
covered under the Consumer Protection Act. This means that if a doctor
provides free medical services without any commercial motive, they cannot be
sued under the Consumer Protection Act. It is important to note that this applies
only to doctors who provide services for free and not to those who charge fees
for their services.

Before the landmark judgment of the Indian Medical Association .v. VP

Shantha’s case, the medical profession was not considered as a service under
the Consumer Protection Act, of 1986. However, in this case, the Supreme
Court ruled that medical services provided by hospitals, nursing homes, and
doctors for a fee or remuneration come under the definition of service as per
Section 2(1)(o) of the act.

This means that if a patient receives medical treatment for a fee, they are
considered consumers, and doctors, hospitals, and nursing homes providing
such services are considered service providers. As a result, they are liable to be
sued under the provisions of the Consumer Protection Act, 1986, in case of any
deficiency in service or medical negligence.
This judgment has been a significant step toward protecting the rights of
patients and ensuring that they have access to quality medical services. It has
also created a sense of accountability among medical professionals and
healthcare providers

The Consumer Protection Act, 1986 has created Consumer Disputes Redressal
Agencies at the national, state, and district levels, which are also known as
Consumer Forums or Consumer Courts. These agencies are responsible for
resolving consumer disputes and grievances. The three-tier grievance redressal
mechanisms under the act are:

 National Consumer Dispute Redressal Commission

 State Consumer Dispute Redressal Commission
 District Consumer Disputes Redressal Commission

There are time limits provided for the disposal of cases under the act. Once a
complaint is registered, a notice is sent to the respondent, who must respond
within 45 days. If they fail to do so, an ex-parte hearing can be held. If a party is
not satisfied with the decision of a lower commission, they can appeal to the
higher commission within 30 days of the decision. An appeal can be filed before
the State Commission against the decision of the district forum. Appellate
jurisdiction has been provided to the National Commission for a further appeal
against the decision of the State Commission. Any verdict rendered by the
National Commission can be challenged in the Apex Court of India as well.

In conclusion, the Consumer Protection Act of 2019 has expanded the scope of
medical negligence claims that can be made against healthcare service
providers. The Act provides for a three-tiered grievance redressal mechanism,
with consumer forums at national, state, and district levels, which can hear and
decide disputes related to medical negligence.
The Act has also made it clear that healthcare services can be considered as
'services' under the Act, thereby allowing patients to file complaints against
medical practitioners for deficiency in services. The Act has helped in
strengthening the rights of patients and promoting accountability and
transparency in the healthcare system. Healthcare service providers need to be
cautious and ensure that they provide a reasonable standard of care to their
patients to avoid any potential liability for medical negligence under the
Consumer Protection Act of 2019.

SLIDES
 TEACHING PRACTISE -3

TOPIC – THIRD-PARTY INSURANCE UNDER MOTOR

VEHICLE ACT 1988

OBJECTIVES

 To understand the concept of third-party insurance

 To learn about the legal framework for third-party insurance
 To analyze the various types of third-party insurance policies
and their coverage
 To develop skills in identifying and managing risks associated
with third-party insurance
 To understand the impact of third-party insurance on the
economy and society

GOALS

Studying third-party insurance under the Motor Vehicles Act, 1988, is

important for several reasons:

Legal Framework: The Motor Vehicles Act, 1988, mandates that all
motor vehicles in India have at least third-party insurance coverage.
Studying third-party insurance under this Act provides a legal
framework for addressing third-party claims arising from motor
vehicle accidents. This includes understanding the legal provisions,
obligations of insurers and policyholders, and the role of insurance
regulators in ensuring compliance with the law.

Protection of Victims: Third-party insurance under the Motor

Vehicles Act, 1988, protects victims of motor vehicle accidents by
providing compensation for damages and injuries caused by the
insured vehicle. Studying third-party insurance under this Act
ensures that victims are aware of their rights and can seek legal
recourse in case of accidents.

Financial Responsibility: Third-party insurance under the Motor

Vehicles Act, 1988, places financial responsibility on vehicle
owners and operators for damages and injuries caused to third
parties. Studying third-party insurance under this Act emphasizes
the importance of financial responsibility and accountability in
ensuring road safety.

Risk Management: Understanding third-party insurance under the

Motor Vehicles Act, 1988, helps vehicle owners and operators
identify and manage risks associated with motor vehicle accidents.
This includes understanding the coverage and exclusions of third-
party insurance policies, as well as the claims handling and
settlement procedures.

Compliance: Studying third-party insurance under the Motor

Vehicles Act, 1988, ensures compliance with the law. It is
mandatory for all motor vehicles to have at least third-party
insurance coverage, and non-compliance can result in penalties and
legal consequences.
 SYNOPSIS

Chapter 11 of the Motor Vehicles Act, 1988 mandates compulsory third party
insurance for every vehicle owner. As per Section 146(1) of the Act, no person
can use a motor vehicle in a public place without a valid insurance policy
complying with the requirements of this chapter. Any contravention of this
provision is an offense and can be punished with imprisonment of up to three
months or a fine of up to one thousand rupees, or both, as per Section 196.

Section 147 of the Act lays down the requirement of the policy and the limit of
liability. Every vehicle owner must have a policy covering any liability that may
arise in case of death or bodily injury, including the owner of goods or their
authorized representative carried in the vehicle, or damage to the property of a
third party, and also in case of death or bodily injury to any passenger of a
public service vehicle. However, the policy is not required to cover the liability
of death or injuries arising to employees in the course of employment except to
the extent of liability under the Workmen Compensation Act.Under Section
149, the insurer is statutorily liable to satisfy the judgment and award against
the person insured in respect of third party risk. This means that in case of any
third-party claim, the insurer must satisfy the judgment and award against the
insured person to the extent of the liability covered under the policy.

Overall, these provisions of the Motor Vehicles Act, 1988 ensure that every
vehicle owner has a valid insurance policy covering third party liability, which
provides adequate protection to third parties in case of any accident involving
the insured vehicle.Further, Section 152 of the Motor Vehicles Act states that no
settlement made by an insurer in respect of any claim which might be made by a
third party in respect of any liability of the nature referred to in clause (b) of
sub-section (1) of section 147 shall be valid unless the such third party is a party
to the settlement. This means that any settlement made by the insurer with the
insured person in respect of any claim that may be made by a third party for the
liability covered under the policy will not be valid unless the third party is also a
party to the settlement. Furthermore, the section states that if a person who is
insured under a policy issued for the purposes of this chapter has become
insolvent, or if such an insured person is a company, a winding-up order has
been made or a resolution for a voluntary winding up has been passed with
respect to the company, then no agreement made between the insurer and the
insured person after the liability has been incurred to a third party and after the
commencement of the insolvency or winding up shall be effective to defeat the
rights transferred to the third party under this chapter. This means that any
agreement, waiver, assignment, or disposition made by or payment made to the
insured person after the commencement of insolvency or winding up shall not
be effective to defeat the rights of the third party under the Motor Vehicles Act.

In conclusion, third-party insurance is a legal requirement for every vehicle

owner in India. It provides coverage against any liability that may arise due to
death, bodily injury, or damage to the property of a third party. The Motor
Vehicles Act, of 1988 lays down the provisions for compulsory third-party
insurance, which is required to be taken by every vehicle owner. The act also
specifies the limits of liability and the requirement of a policy. The insurer is
statutorily liable to satisfy the judgment and award against the person insured in
respect of third-party risk. The act also provides for settlement between insurers
and insured persons, ensuring that the rights of third parties are protected.
SLIDES
 REFERENCES

 CONSUMER PROTECTION IN INDIA: SOME AREAS OF ILLUSION

G.I.S. Sandhu, Arvind Kaur Journal of the Indian Law Institute, Vol. 38, No. 3

(July-September 1996), pp. 377-386 https://www.jstor.org/stable/43952391

 Chatterjee, A. and Sahoo, S. “Consumer Protection: Problems and Prospects”,

Postmodern Openings, 7,(9), pp.157-182,2011

 Singh, S.S. &ChadahSapna, Consumer Protection in India (Some Reflections),

Consultancy Project on Consumer Protection and Welfare, IIPA, New
Delhi,2008

 Prasad, A. R, “Historical Evolution of Consumer Protection and Law in India”,

Journal of Texas Consumer Law, 11(3), pp 132-136,2008

 CONSUMER PROTECTION ACT 2019

 MOTOR VEHICLE ACT 1988