Indian Medical Association vs V.P. Shanta (1996) Case

Case Introduction

• Case Name: Indian Medical Association vs V.P. Shanta (1996)
• Main Issue: Medical Negligence and Definition of Services under Consumer Protection Act 1986

Key Facts

• The Supreme Court considered Section 2 Clause (vii) of the Consumer Protection Act 1986.
• The dispute is whether medical services come under the Consumer Protection Act or not.

Arguments of Indian Medical Association (IMA)

1. Division between Medical and Services

• IMA's Argument: Medical profession and other services are different;
  • Professional Responsibility: Services related to medical professionals, therefore Consumer Protection Act should not apply to them.

2. Definition of Deficiency in Service

• Argument: There are no fixed standards in India regarding what constitutes deficiency in medical service;
• As per current status, they should not come under the Consumer Protection Act.

3. Contract of Service

• IMA's Argument: Medical services are personal service contracts, which are not included under the Act.

4. Free Service Issue

• IMA's Question: Do free medical services come under the Consumer Protection Act?

Supreme Court's Decision

1. Professional Responsibility

• The Supreme Court held that medical services come under the Consumer Protection Act, even if they are separate from professional responsibility.

2. Deficiency in Service

• The Court stated that criteria for deficiency in service exist and physicians can be held accountable in cases of deficiency.

3. Difference in Contract

• Emphasized the difference between Contract of Service and Contract for Service.
  • The relationship between a doctor and a patient is an example of a Contract for Service.

4. Free Services

• If the medical service is completely free, it will not come under the Consumer Protection Act.
• However, if fees are charged from some patients, they will come under the Consumer Protection Act.

Conclusion

• Through this case, the responsibility of Indian medical professionals and the status of consumer rights have been clarified.

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