INDIAN MEDICAL ASSOCIATION Vs. V P SHANTHA

JUDGEMENT

(1.) Leave granted in SLP(C) Nos. 18497 of 1993 and 21755 of 1994. Delay condoned and leave granted in SLP(C) Nos. 18445-73 of 1994.

(2.) These appeals, special leave petitions and the Writ Petition raise a common question, viz., whether and, if so, in what circumstances, a medical practitioner can be regarded as rendering 'service' under Sec. 2(1) (o) of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'). Connected with this question is the question whether the service rendered at a hospital/nursing home can be regarded as 'service' under Sec. 2(1 )(o) of the Act. These questions have been considered by various High Courts as well as by the National Consumer Disputes Redressal Commission (hereinafter referred to as 'the National Commission').

(3.) In Dr. A. S. Chandra v. Union of India, 1992 (1) Andhra Law Times 713, a Division Bench of Andhra Pradesh High Court has held that service rendered for consideration by private medical practitioners, private hospitals and nursing homes must be construed as 'service' for the purpose of Sec. 2(1 )(o) of the Act and the persons availing such services are 'consumers' within the meaning of Sec. 2(1 )(d) of the Act.