The Supreme Court on Tuesday opined that its 1996 decision on the applicability of Consumer Protection Act (CPA) on medical professionals needs to be revisited.

In Indian Medical Association v VP Shantha, the apex court had ruled that services rendered by doctors and medical practitioners are covered under the Act if they are paid services.

A Bench of Justices Bela Trivedi and Pankaj Mithal said that there was nothing to suggest that legislature wanted to include professionals under the Act.

“Very purpose of the Act was to protect consumers from unfair trade practices, nothing to suggest legislature wanted to include professionals,” the Court stated.

Accordingly, the Court opined that the decision needs to be revisited and asked Chief Justice of India (CJI) to refer the issue to a larger bench.

Justice Bela M Trivedi and Justice Pankaj Mithal
The Court made the decision in its judgment on whether services provided by advocates come under the ambit of the Consumer Protection Act.

It distinguished the legal profession from business and trade, as the legal profession requires prior training and high level specialised skills. Hence, the Court ruled that a legal professional cannot be treated at par with businessmen under CPA and held that the law will not cover services rendered by lawyers.

As a result, it also opined that the decision in Indian Medical Association v VP Shantha needs to be revisited.

The issue regarding lawyers’ services arose from a 2007 verdict of the National Consumer Disputes Redressal Commission (NCDRC) that held that such services come under the Act’s purview, while noting that the monetary contract between a client and their lawyer is bilateral.

The top court had on April 13, 2009, stayed the NCDRC ruling.

The appellants, the Bar of Indian Lawyers, were represented by Senior Advocate Narender Hooda and Advocate Jasbir Malik. Senior Advocate V Giri served as the Amicus Curiae in the case
— Read on www.barandbench.com/news/supreme-court-revisit-applicability-consumer-protection-act-medical-professionals