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1. Consumers protection act
Sandeep Kumar RN

2. Consumers protection act
• The last decade of turning millennium saw enactment of Consumers
Protection Act (COPRA) 1986 of India
• a very important legal instrument aimed at better social justice.
• This Act was passed by the Indian Parliament to safeguard and
protect the interest of consumers.
• CPA aims at simplification of procedures for seeking redressal of
grievances of patients or their relatives.
• The process can be instituted without any court fee.
• It is not only preventive in nature but also compensatory in nature.

3. • The National commission in 1993, clearly ruling, that medical services
were unequivocally covered under the provision of this Act.
• The Supreme Court has confirmed that the patients receiving
deficient services from the medical practitioners and hospitals are
entitled to claim damages, under consumers protection act, 1986.
(Yawad BS, 1996).

4. Basic Rights of Consumers
1. Right to be protected against the marketing of goods and services which are
hazardous to life and property.
2. Right to be informed about the quality, quantity, potency, purity, standard and
price of goods or services so as to protect the consumer against unfair trade
practices.
3. Right to be assured, wherever possible, access to a variety of goods and services
at competitive prices.
4. Right to be heard and to be assured that consumers' interests will receive due
consideration at appropriate forums.
5. Right to seek redressal against unfair trade practices and unscrupulous
exploitation of consumers.
6. Right to consumer education.

5. Who is Consumer
• All of us are consumers of goods and services.
• For the purpose of the Consumer Protection Act, the word 'consumer' has
been defined separately for 'goods' and 'services.
For the purpose of "goods",
(i). One who buys or agrees to buy any goods for a consideration, which has
been paid or promised or partly paid and partly promised, or under any system
of deferred payment.
(ii) It includes any user of such goods other than the person who actually buys
goods and such use is made with the approval of the purchaser.

6. For the purpose of “services”,
(i). One who hires or avails of any service or services for a consideration
which has been paid or promised or partly paid and partly promised or
under any system of deferred payment.
(ii) It includes any beneficiary of such service other than the one who
actually hires or avails of the service for consideration and such
services are availed with the approval of such person.

7. Grievance redressal mechanism under CPA
• District consumer court-complain that involves payment of
compensation upto rs 20 lakh
• State consumer commission-complain above Rs 20 lakh but less than
1 crore
• national commission-complain above 1 crore

8. Who can fill complain
• A consumer to whom goods are sold or delivered or agreed to be sold
or delivered or such services provided or agreed to be provided
• A voluntary consumer organisation
• Central government
• State governments,union Territory administration
• One or more consumer where they are of same interest
• In case of death of consumer,hisnor /her loyal heir of representatives

9. Categories of patient as consumer
Patient of government hospital
• Patients availing free medical care in general wards are not consumers
• Patient availing medical care in private wards of these hospital are consumer as
they are hiring services for a consideration.
Patients of Charitable Hospitals
• The patient of charitable hospitals is a consumer when he pays for the medical
treatment either partially or in full, but he is not a consumer when he does not pay
at all.
Patients of Nursing Homes and Private Practioners
• Patients of nursing homes and private practitioners are covered under the act
because they satisfy the definition of consumer and service as given under section
2 (1) (d) (ii) and 2(1)(0).
• Hence as a consumer the service should have been rendered to him, the service
should have been hired by him and for hiring the service, he should have paid a
consideration.

10. THANK YOU