Supreme Court Seeks Union & NMC Responses On Plea To Exclude Doctors From Consumer Protection Act

The Supreme Court on Tuesday issued notice to the Union Government and the National Medical Commission on a plea to declare that doctors will not come within the purview of the Consumer Protection Act.A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria was hearing a writ petition filed by Association of Healthcare Providers (India).The petitioner sought the following reliefs :a) Direct the Respondent Nos.1 and 2 to declare that services performed by healthcare service providers are not included in the purview of the Consumer Protection Act, 2019;b) Direct all consumer forums to not accept complaints filed under the Consumer Protection Act, 2019 against healthcare service providers;Medical services were brought within the scope of consumer law by a 1995 judgment of the Supreme Court in Indian Medical Association v. V P Shantha, which held that healthcare services fall within the definition of “service”. In May 2024, a two-judge bench of the Court had referred VP Shantha decision to a larger bench, saying it required reconsideration. However, in November 2024, a 3-judge bench refused to reconsider the judgment which brought doctors under the Consumer Protection Act and held the reference to be unnecessary.The petitioner argues that this approach fails to recognise the unique nature of medical practice, which involves professional judgment in situations of uncertainty rather than assured outcomes. It submits that medical decision-making cannot be equated with commercial transactions offering predictable results. In this regard, the petitioner placed heavy reliance on the Supreme Court's judgment excluding advocates from the purview of Consumer Protection Act, and argued that parallels can be drawn between the medical and legal professions. According to the petitioner, treating healthcare as a consumer service undermines the fiduciary and trust-based nature of the doctor-patient relationship.The petitioner claimed that because of the increased consumer litigation, the doctors are now acting defensively with respect to treatment, wary of taking risks in emergency situations. It is also argued that consumer fora are not well equipped in dealing with complex medical questions.Doctors are, in any case, falling within the regulatory mechanism of the NMC, the petitioner points out, saying that there are effective mechanisms to address blatant cases of medical negligence. Case : ASSOCIATION OF HEALTHCARE PROVIDERS (INDIA) v. UNION OF INDIA AND ORS.W.P.(C) No. 110/2026Click Here To Read/Download Order

Supreme Court Seeks Union & NMC Responses On Plea To Exclude Doctors From Consumer Protection Act

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