No SC review of order upholding doctor liability per consumer protection law
This story was originally published at 14:51 IST on 19 February 2025
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NEW DELHI – The Supreme Court has rejected a review petition filed by Medico-Legal Society of India against last year's order which refused to reconsider its 1995 verdict that medical practitioners can be held liable under Consumer Protection Act 1986 for deficiency in their services.
"Having perused the review petition and the connected papers with meticulous care, we do not find any justifiable reason to entertain the review petition. The review petition is, accordingly, dismissed. Pending application(s), if any, shall stand disposed of," said the bench of Justices B. R. Gavai, Prashant Kumar Mishra and K. V. Viswanathan.
In May, a two-judge bench of the apex court had ruled that advocates cannot be held liable for deficiency in their services under the 1986 Act. In the same ruling, the court had said that its 1996 decision that held that medical professionals would be accountable under the Consumer Protection Act, and that the definition of 'services' under the Act would cover healthcare and the medical sector, would also need to be revisited.
However, a three-judge bench in November held that its 1995 decision does not need reconsideration. "The question as to whether the other professionals excluding legal profession could be covered by the Consumer Protection Act can be considered in appropriate cases, having a factual foundation," the three-judge bench had said. Challenging this, the Medico-Legal Society of India filed a review petition in the apex court.
In 1995, the apex court had ruled that the word 'services' under the 1986 Act would include the service rendered to a patient by a medical practitioner by way of consultation, diagnosis and treatment, both medicinal and surgical. However, in cases where the doctor renders service free of charge to every patient or under a contract of personal service would not comprise 'services' under the 1986 Act. End
Reported by Surya Tripathi
Edited by Tanima Banerjee
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