Category: CONSUMER PROTECTION

ISSUE:

Whether the hospital was negligent in its behavior and thus liable to give compensation?

RULE:

The Consumer Protection Act gives a comprehensive definition of consumer who is the principal beneficiary of the legislation but at the same time in the view of the comprehensive definition of the term 'consumer', even a member of the family cannot be denied the status of the consumer under the Act and in an action by any such member of the family for deficiency of service, it will not be open for a trader to take a stand that there is no privity of contract.

Issues:

Whether 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 Consumer Protection Act, 1986.

RULE:

The Consumer Protection Act of 1986.