Consumer Protection Act, 2019

The Consumer Protection Act, 2019 gives patients remedies when paid healthcare services are deficient, misleading, unsafe or supplied through unfair commercial conduct. A patient who hires medical services for consideration, or uses them as an approved beneficiary, may qualify as a consumer and seek redress without being restricted to an ordinary civil suit.

Coverage of healthcare services

The Act covers services hired for consideration and defines deficiency to include negligence, omission and deliberate withholding of relevant information. In Indian Medical Association v. V.P. Shantha (1995), the Supreme Court held that medical services rendered for payment fall within consumer law, while services rendered entirely free of charge ordinarily do not.

• Payment may be made by the patient, an insurer or an employer; an approved beneficiary can also be a consumer.
• In a hospital serving both paying and non-paying patients, even non-paying beneficiaries may receive consumer-law protection when the service is financed by paying patients.

Protection against unfair practices

The Act enables patients to challenge unfair trade practices and misleading representations concerning the standard, quality, usefulness or price of services.

• False claims about facilities, treatment quality, professional competence or likely results may constitute misleading representations.
• Charging more than the price fixed by law, displayed or contractually agreed is an actionable consumer grievance.
• Refusal to issue a bill or receipt, unjustified refusal to refund charges for deficient services, and unlawful disclosure of personal information may amount to unfair trade practices.
• Medical negligence, lack of reasonable care or withholding material treatment information may constitute deficiency in service, subject to proof.

Enforcement and remedies

Patients may approach the three-tier District, State and National Consumer Commissions, according to the applicable jurisdictional rules. Complaints may also be filed electronically, and suitable disputes may be referred to mediation.

• Commissions may order refund of charges, removal of deficiency, compensation for loss or injury, punitive damages, costs, and discontinuance of unfair practices.
• The Central Consumer Protection Authority may investigate widespread unfair practices or misleading advertisements and order discontinuance, reimbursement, withdrawal of unsafe services or corrective advertisements.
• Consumer remedies supplement other remedies available under law.