consumer protection in dental and medical practice. How this act plays an important role in ethical practice.

1. CONSUMER PROTECTION ACT
1

2. 1. Introduction of Law
2. Who is a Consumer?
3. Rights of a Consumer
4. Consumer Law
5. Concept of Consumer Protection
6. History of Consumer Protection Act
7. 3 tier consumer grievances machinery
8. Importance of Consumer Protection Act
9. Objectives of Consumer Protection Act
10. Features of Consumer Protection Act
11. Needs of Consumer Protection Act
12. Scope of Consumer Protection Act
13. Medical Negligence and Malpractice
14. Review of the cases under Consumer Protection Act
15. Consumer responsibility
16. Filing of a complaint
17. Role of Consumer Organization
18. Public Health Importance
19. Summary
20. Conclusion
21. References
CONTENTS:
2

3. 3
Historical Evolution of Consumer Protection and
law in India, Rajendraprasad A. Journal of Texas
Consumer Law p 132-136
Kautilya’s Arthasastrya
Manu Smriti
ALLAUDDIN KHILJIENGLISH LEGAL SYSTEM
Supreme Court

4. • Drawbacks Indian Penal Code, Law of Contracts, Law
of Torts and other specific Legislation:
(i) Delay to decisions ;
(ii) High cost of bringing an actions;
(iii) limited access to the courts ;
(iv) Difficult to prove both negligence and causation.
No provisions in the Indian Medical Council Act, 1956 ;
(i) to entertain any complaint from the patient ;
(ii) to award any compensation, etc. in case the negligence is proved
NEED FOR Consumer Protection Act
4Historical Evolution of Consumer Protection and law in India, Rajendraprasad A. Journal of Texas Consumer Law p
132-136

5. • Rule made by the authority for the proper regulation of a
community or society or for correct conduct in life.
• An Act of Parliament, a statute enacted as primary legislation
by a national or sub-national parliament.
• Sets out the main objectives which the legislation intended
to achieve.
INTRODUCTION OF LAW
5
Consumer Protection Act, 1986, 6/9/10, [68 of 1986]

6. • "consumer" means any person who,—
(i) buys any goods for a consideration which
has been paid or promised or partly paid
and partly promised, or under any system
of deferred payment and includes any
user of such goods other than the person
who buys such goods for consideration
paid or promised or partly paid or partly
promised, or under any system of
deferred payment
WHO IS A CONSUMER?
6Consumer Protection Act, 1986, 6/9/10, [68 of 1986]

7. • A patient who pays to get services of doctor /hospital,
• Any person who pays for the patient, legal heirs /
representatives of such patients,
• In case of death of patient who is a consumer, legal heirs
(representatives) of the deceased
• If the payment has been made by any person who is not a legal
heir of the deceased
Who is a Consumer in medical profession?
7Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

8. "complaint" means any allegation in
writing made by a complainant that—
(i) an unfair trade practice or a
restrictive trade practice has been
adopted by any trader;
(ii) the goods bought by him or agreed
to be bought by him suffer from one or
more defects;
(iii) the services hired or availed of or
agreed to be hired or availed of by him
suffer from deficiency in any respects;
WHAT IS A COMPLAINT?
8Consumer Protection Act, 1986, 6/9/10, [68 of 1986]

9. • A consumer
• Any voluntary consumer
association registered under the
Companies Act or any other law
• Central or State Government, if it
makes a complaint
• One or more consumers having
same interest
• In case of death of a consumer, his
legal heir or representative.
WHO IS A COMPLAINANT?
9
Consumer Protection Act, 1986, 6/9/10, [68 of 1986],

10. • A dispute where the person against whom a complaint has
been made, denies the allegations contained in the complaint;
• (f) "defect" means any fault, imperfection or shortcoming in
the quality, quantity, potency, purity or standard which is
required to be maintained by or under any law for the time
being in force or 1[under any contract, express or implied, or]
as is claimed by the trader in any manner whatsoever in
relation to any goods;
CONSUMER DISPUTE
10
Consumer Protection Act, 1986, 6/9/10, [68 of 1986]

11. • "deficiency" means any fault, imperfection, shortcoming
or inadequacy in the quality, nature and manner of
performance which is required to be maintained by or
under any law for the time being in force or has been
undertaken to be performed by a person in pursuance of a
contract or otherwise in relation to any service;
• "District Forum" means a Consumer Dispute Redressal
Forum-established under clause (a) of section 9;
11Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

12. • Right to Safety
• Right to Information
• Right to Choice
• Right to be Heard
• Right to Seek Redressal
• Right to Consumer Education
• Right to Basic Needs
• Right to Healthy Environment
RIGHTS OF A CONSUMER
12Consumer Protection Act, 1986, 6/9/10, [68 of 1986]
John F. Kennedy’s Message to Congress on March 15, 1962

13. 1982 Consumer International’s Charter of Consumer Rights
– Right to basic needs
• Food, clothing, shelter, health care, education, water
and sanitation
– Right to safety
– Right to information
– Right to choice
– Right to be heard
– Right to redress
– Right to education
– Right to healthy environment
13Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

14. • Right to Safety: To be protected against the marketing of
goods or the provision of services that are hazardous to
health and life.
• Right to Information: To be protected against dishonest or
misleading advertising or labeling and the right to be given
the facts and information needed to make an informed
choice.
• Right to Choice: To choose products at competitive prices
with an assurance of satisfactory quality.
• Right to representation: To express consumer interests in
the making and execution of government policies.
14Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

15. • Right to Seek Redress: To be compensated for
misrepresentation, shoddy goods or unsatisfactory services.
• Right to Consumer Education: To acquire the knowledge
and skills necessary to be an informed customer .
• Right to Basic Needs: Guarantee survival, adequate food,
clothing, shelter, health care, education and sanitation
• Right to health environment: To live and work in an
environment which is neither threatening nor dangerous and
which permits a life of dignity and well-being.
15Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

16. • “Consumer law" regulates private law relationships between
individual consumers and the businesses that sell those goods
and services.
• Ex : IT deal with credit repair, debt repair, product safety,
service and sales contracts, bill collector regulation, pricing,
utility turnoffs, consolidation, personal loans that may lead to
bankruptcy and much more.
CONSUMER LAW
16Consumer Protection Act, 1986, 6/9/10, [68 of 1986]

17. CONSUMER LAW: CONSTITUTIONS
• Early constitutions focused on civil and political rights
(“first generation rights”)
– Freedom and security of an individual
– Protection from state and public power
• More recent constitutions confer wider range of human
rights
– Economic, social and cultural rights
– “second generation rights”
17Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

18. • Trend is to include the right to development
– “third generation” or “solidarity” rights
• In constitutions adopted since 1980’s, consumer
rights recognized as human rights
• Recognize disparity of knowledge, resources and
bargaining power and provide for consumer rights
18Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

19. CONSUMER LAW: FRAMEWORK
• Cover a broad range of practices, goods and services
• Create consultative bodies
• Vest agencies with rule-making powers
• Create special tribunals with simplified procedures
and rules of evidence
• Confer on consumer groups the right to represent
individuals
• Provide for a range of remedies
19Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

20. • Safeguarding the interest and rights of consumers.
• -The measures adopted for the protection of
consumers from unscrupulous and unethical
malpractices by the business and to provide them
speedy redressal of their grievances
CONCEPT OF CONSUMER PROTECTION
20Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

21. WHO IS RESPONSIBLE FOR CONSUMER PROTECTION?
• Government agencies
– Ministry of Commerce, Investment and Consumer Affairs
• Professional/Industry associations
• Consumer organizations
21Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

22. • Passed in Lok Sabha on 9th December,1986 and it came into
force from 1 July 1987.
• Rajya Sabha passed on 10th December, 1986 and assented by the
President of India on 24th December, 1986 and was published in
the Gazette of India on 26th December, 1986.
HISTORY OF CONSUMER PROTECTION ACT
22Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

23. Machinery under the Act
• Central Consumer Protection Council
– to be established by Central Government
• State Consumer Protection Council
– to be established by State Government
• District Consumer Protection Council
– to be established by State Government for every district
23Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

24. CONSUMER DISPUTE REDRESSAL MACHINERY
24Consumer Protection Act, 1986, 6/9/10, [68 of
1986],
National Commission
– At the National level
State Commission – At
the State level
District Forum – At the
District level

25. PECUNIARY JURISDICTION
• Forum where complaints can be entertained
– Depends on value of goods and service and compensation
claimed
• Limits are :
– District Forum
• not exceeding Rs.20 lakhs
– State Commission
• exceeds Rs.20 lakhs but does not exceed Rs.1 Crore
– National Commission
• exceeds Rs.1 Crore.
25Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

26. TERRITORIAL JURISDICTION
• Territorial Jurisdiction lies in the court of the place:
– Where the opposite party resides or carries on business or
personally works for gain
– Where the cause of action wholly or partly arose.
26Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

27. 3 - TIER CONSUMER GRIEVANCES
MACHINERY
27Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

28. 1. President
2. Two other members.
The president can be a retired or working judge of District
Court , appointed by state govt.
1986 - <Rs.5lakh ; now - to Rs.20lakh.
• Aggrieved party - unsatisfied - an appeal in State
Commission within 30 days by depositing 25000 or 50%
of penalty amount whichever is less.
DISTRICT FORUM
28Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

29. 1. President
2. Two other members.
The president can be a retired or working judge of High
Court , appointed by state govt.
• 1986, <Rs.5lakh ; now - <Rs.1crore.
• Unsatisfied - within 30 days by depositing Rs.3500 or
50% of penalty amount whichever is less.
STATE FORUM
29Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

30. 1. president
2. 4 members one of whom shall be women.
They are appointed by Central Govt.
1986 <Rs.20lakh ; now - exceeds Rs.1crore.
• Unsatisfied - Supreme Court within 30 days.
NATIONAL FORUM
30Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

31. DISPOSAL OF DISPUTES
• District Forum may
– ask the opposite party to remove the defect,
– replace the goods with new goods and free from defect
– to return to the complainant the price of goods or
– to pay any amount as compensation
• Appeals to be preferred within thirty days
– from the order of the District Forum to the State Commission and
– from the order of the State Commission to the National Commission
• Can entertain appeals beyond thirty days
– on sufficient cause shown for the delay
31Consumer Protection Act, 1986, 6/9/10, [68 of 1986],
It has to be disposed within ninety days from its admission.

32. • Importance from Consumer’s Point of view:
Unorganised Consumers-
Very few consumer organizations are working
Consumer protection provides power and rights to
these organization as these organizations can file a
case behalf of customer.
IMPORTANCE OF CONSUMER PROTECTION ACT
32Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

33. • Consumer Ignorance-
Spreads awareness - consumer can know about the
various redressal agencies where they can approach
to protect their interests.
• Wide Spread Exploitation of Consumer’s-
Consumer protection provides safe guard to
consumers from such exploitation.
33Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

34. • BUSINESSMAN USES SOCIETY’S RESOURCES-
Must use resources for consumer’s benefits.
• SOCIAL RESPONSBILITIES-
1. Provide quality goods at reasonable price.
2. Consumer protection guides businessman to
provide social responsibilities.
Importance from Businessmen’s Point of View:
34Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

35. • GOVERNMENT INTERVENTION-
They should not involve in unfair trade practices.
Businessman should voluntarily involve in the
activities which protect the interest of consumer.
• CONSUMER IS THE PURPOSE OF BUSINESS-
The basic purpose of the business is to create more
and more customers and retain them and
businessmen can create more customers only by
satisfying the customers and protecting the interest
of consumers.
35Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

36. • To protect the consumer from abuse.
• To provide a venue for grievance /redress.
• To ensure a better quality of living by improving the
quality of consumer products & services.
OBJECTIVES OF CONSUMER PROTECTION ACT
36Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

37. • It applies to all goods, services and unfair trade practices
unless specifically exempted by the Central
Government.
• It covers all sectors whether private, public or co-
operative.
• It provides for establishment of consumer protection
councils at the central, state and district levels to
promote and protect the rights of consumers and a
three tier quasi-judicial machinery to deal with
consumer grievances and disputes.
FEATURES OF CONSUMER PROTECTION ACT
37Consumer Protection Act, 1986, 6/9/10, [68 of 1986]

38. • SOCIAL RESPONSIBILITY-
Serve the interest of consumers.
Duty of producers and traders to provide right quality and
quantity of goods at fair prices to the consumers.
• INCREASING AWARENESS-
The consumers are becoming more mature and conscious of
their rights against the malpractices by the business. There are
many consumer organisations and associations who are
making efforts to build consumer awareness.
NEEDS OF CONSUMER PROTECTION ACT
38Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

39. • Consumer Satisfaction-
Father of the Nation Mahatma Gandhi had once given
a call to manufactures and traders to “treat your
consumers as god”.
Consumers’ satisfaction is the key to success of business.
39Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

40. • Requirements to performance, composition, contents, design,
construction, finish, packaging of a consumer product
• Requirements as to kind, class, grade, dimensions, weights,
material
• Requirements as to the methods of sampling, tests and codes used
to check the quality of the products
• Requirements as to precautions in storage, transporting and
packaging
• Requirements that a consumer product be marked with or
accompanied by clear and adequate safety warnings or
instructions, or requirements respecting the form of warning
or instructions
SCOPE OF CONSUMER PROTECTION ACT
40Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

41. • The National Consumer Disputes Redressal
Commision’s order decreed that the doctor - patient
relationship is a contract for personal service and it is
not master - servant relationship.
• The doctor-patient relationship is a contract for personal
service and could not contract of personal service.
• Hence patients who had sustained injuries in the course
of treatment can sue doctors in consumer protection
courts for compensation.
HOW DOCTORS ARE INCLUDED IN CPA??
41Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

42. • MEDICAL NEGLIGENCE –
1. Doing something that a reasonably prudent person
would not have done – an act of commission
2. Doing something that a reasonably prudent person
would have done – an act of ommission
3. Doing something that a reasonably prudent person
would have done, but in doing it, failing to meet a
reasonable standard of care – a breach of the standard
MEDICAL NEGLIGENCE AND MALPRACTICES
42Risk and Law management in Dental Practice,
Chapter 4, Page 54

43. • A special form of negligence.
• Professional Negligence
MALPRACTICE
43Consumer Protection Act, 1986, 6/9/10, [68 of
1986],
DENTAL MALPRACTICE – Negligence of a Dentist

44. 45
MOST FREQUENT ALLEGATIONS AGAINST
DENTAL PROFESSION
• Broken needles
• Root left in socket without knowledge
of the patient
• Extraction of wrong tooth or lack of
consent
• Fragments entering respiratory passages
Consumer Protection Act, 1986, 6/9/10, [68 of 1986],

45. 46
•Injury in fitting or ill fitting plates and
dentures
•Infection from use of unsterile
instruments
•Fracture and dislocations of jaw occurring
during dental procedures
•Death from anesthetic
Consumer Protection Act, 1986, 6/9/10, [68 of 1986],

46. 47Consumer Protection Act, 1986, 6/9/10, [68 of
1986],
I. Doctors with independent practice rendering only free
services.
II. Private hospital charging all.
III. All hospital having free as well as paying patients ,
they are liable to both.
IV. Doctors or hospitals paid by an insurance firm for
treatment of a client or an employer for the treatment
of an employee.
Who is liable to Consumer Protection Act

47. 48Consumer Protection Act, 1986, 6/9/10, [68 of
1986],
Doctors in hospitals , which do not charge their patients.
Hospitals offering free services to all patients.
Who is not liable to Consumer Protection Act

48. • REVIEW OF THE CASES UNDER CONSUMER
PROTECTION
49Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

49. MEDICAL NEGLIGENCE EXAMPLES
50
The times of India, 2013
Anuradha Saha Case

50. 51
Samanta Mukherjee - road traffic accident refusal
to give full treatment in emergency cost penalty of
10 lakhs to hospital
The Times Of India,

51. 52Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

52. DENTAL NEGLIGENCE EXAMPLES
53

53. 22 January, 2015
54

54. 55
VICTIM OF BOTCHED DENTISTRY FIGHTS TOOTH AND
NAIL, WINS

55. 56Consumer Protection Act, 1986, 6/9/10, [68 of 1986]

56. 57
SUPREME COURT DECISIONS ON COPRA
• Services provided are free for all is exempted
• Services at hospitals, nursing homes where charges are required to
be paid by the persons availing such services fall within the
purview of the service
Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

57. • Consumer must exercise his right-
The consumer must select the product according to his preferences, he must
file a complaint if he is not satisfied with the quality of product.
• Cautious Consumer-
The consumer should not blindly believe on the words of seller. He must insist
on getting full information on quality, quantity,utility,price etc
• Consumer must be quality-conscious-
According to this, consumer himself stops compromising the quality of
product. While purchasing the goods or services consumer must look
for quality marks such as ISI mark, Agmark, ISO, Wool Mark etc.
CONSUMER RESPONSIBILITY
58Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

58. • Insist on cash memo-
Consumer needs the evidence of purchase, and cash
memo is the evidence or proof that consumer has
paid for the good or service.
• Filling complaints for the redressal of genuine
grievances-
The consumer must file a complaint even for a small
loss.
59Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

59. • When or under what circumstance the complaints
can be filed?
– False by traders and manufacturers
Within what period the complaint can be filed?
The complaint must be filed within 3 months of
purchase and if some testing of goods is required
then within 5 months.
FILING A COMPLAINT
60Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

60. 61Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

61. 62Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

62. • Appeal against district forum
before state commision
• Appeal against state commision
before national commision.
• Against national commision
before supreme court.
63Consumer Protection Act, 1986, 6/9/10, [68 of
1986],
PROVISION FOR APPEAL

63. • Removal of defects from the goods.
• Replacement of the goods.
• Refund of price paid.
• Compensation of loss or injury suffered.
• Removal of deficiency in service.
• Stopping the sale of hazardous goods.
SOME RELIEFS OR REMEDIES TO CONSUMER
64Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

64. • In India there are about 500 consumer organizations
working in the field of consumer protection.
The most popular are:
• Consumer Guidance Society of India(Mumbai).
• Citizen Action Group(Mumbai).
• Consumer Education and Research Centre (CERC)
Ahmedabad.
• Common Causes(New Delhi),Consumer Unity and Trust
Society(CUTS).
ROLE OF CONSUMER ORGANIZATION
65Consumer Protection Act, 1986, 6/9/10, [68 of 1986]

65. • Bringing out brochures, journals etc.
• Spreading consumer awareness.
• Collecting data of different products and testing them.
• Filing suits or complaints on behalf of consumers.
• Educating the consumers to help themselves.
• Educating women regarding consumerism.
• Motivating people to ask for quality marks such as ISI mark, Agmark etc.
These associations are performing following functions:
66Consumer Protection Act, 1986, 6/9/10, [68 of 1986]

66. PUBLIC HEALTH IMPORTANCE
67Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

67. 68
Summary

68. With CPA medical profession may seem vulnerable,
but it forces the medical personnel’s to be more
responsible, accountable and remain up to date to
serve the society in a more effective and an efficient
way, though a legal assurance, ensuring protection
from unnecessary and arbitrary complaints, is the
need of the hour.
CONCLUSION
69Consumer Protection Act, 1986, 6/9/10, [68 of
1986],

69. • Consumer Protection Act, 1986, 6/9/10, [68 of 1986]
• Risk and Law Management in Dental Practice.
• Historical Evolution of Consumer Protection and law in India,
Rajendraprasad A. Journal of Texas Consumer Law p 132-136
• https://www.ucc.ie/academic/law/odg/attachments/NEYERS_(Theory_of
_VL)
• http://shodhganga.inflibnet.ac.in/bitstream/10603/95152/8/08_chapter%
202
• https://blog.ipleaders.in/consumer-disputes-cases/
• The Hindu Times
• The Times of India
REFERENCES
70