Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1995 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1995 (11) TMI 436 - SUPREME COURTWhether and, if so, in what circumstances, a medical practitioner can be regarded as rendering 'service' under Section 2(1)(o) of the Consumer Protection Act, 1986? Whether the service rendered at a hospital/nursing home can be regarded as 'service' under Section 2(1)(o) of the Act? Held that:- The ground on which the writ petitioners are seeking to assail the validity of the provisions of the Act is that the composition of the Consumer Disputes Redressal Agencies and the procedure to be followed by the said Agencies is such that it is not suitable for adjudication of the complex issues arising for consideration. We have already considered this grievance urged on behalf of the medical profession and have found that the composition of the Consumer Disputes Redressal Agencies as well as the procedure to be followed by them does not preclude a proper adjudication of the consumer disputes arsing out of complaints relating to deficiency in service rendered by medical practitioners and hospitals. In our opinion, on case is made out that the Act suffers from the vice of arbitrariness or unreasonableness so as to be violative of Articles 14 and 19(1)(g) of the Constitution. There is, therefore, no merit in the Writ Petition and it has to be dismissed.
|