Download Learnerz IAS app from the Play Store now! Download



Consumer Protection Act UPSC NOTE

 Consumer Protection Act, 1986

  • Consumer Protection Act 1986 was enacted for superior protection of the interest of consumers

  • Consumer Protection Act forced strict liability on a manufacturer in case of the supply of faulty goods by him and strict liability on a service provider in case of shortage in rendering his services. 

  • To safeguard the interests and rights of consumers, quasi-judicial machinery is sought to be set up at the district, state and central levels

  • This Act applies to the whole of India except the state of Jammu and Kashmir. 

  • It applies to all goods, services and inequitable trade practices unless specified and exempted by the Central Government

  • It covers all sectors, private, public or co-operative

  • This Act was replaced by the ‘Consumer Protection Act 2019’ which came into force on 24th July 2020.

Whether doctors be kept out of the Consumer Protection Act?

  • Earlier this month, the Supreme Court ruled that advocates cannot be held liable under the Consumer Protection Act, 1986, for deficiency in service. 

  • The Court also indicated that its 1995 decision that held medical professionals accountable under the Act may need to be revisited

  • It suggested that the definition of the term ‘services’ under the Act, which includes the medical sector, be re-examined

  • The issue will be placed before a larger Bench

  • Indian Medical Association v. V.P. Shantha was a landmark case which decided that doctors, medical professionals, and hospitals do come under the Consumer Protection Act as service providers. 

  • Doctors are highly qualified professionals who provide a service to the people. They are highly specialised. 

  • This cannot be equated with any other [profession] because human bodies react differently in different situations

  • A lot of work and research goes into medical practice. Many surgeries are high tech. Patients have to be carefully taken care of.

  • But there are people who misuse the Act. 

  • They don’t want to pay the doctor’s fee or the hospital fee. 

  • They create a ruckus and file a case under the Consumer Protection Act

  • This turns into a harrowing experience for doctors and hospitals. 

  • When things go well, a patient is happy, but when things go wrong, the patient blames the doctor and the hospital. This is dangerous.

  • Doctors order a bunch of medical tests to protect themselves against these complaints. And that increases the cost of procedures

  • Everything has to be on record, so that if there is a dispute, they can prove that they were correct in doing whatever they did


  • In some cases, there is gross negligence on the medical professionals’ part

  • In such cases, following the legal process is okay

  • But when doctors who have done a good job and yet a shadow of doubt is cast on them

  • Patients go to court and file a case, then they go to the district forum, then to the State Commission on appeal, and then to the National Consumer Disputes Redressal Commission

  • It takes 10 harrowing years to prove that you are innocent

  • It’s an experience that really takes the spirit out of doctors. 

  • The doctor is rendering a service. He is highly qualified, just like an advocate. He is ready to help the patient. 

  • But these are the problems — delays and frivolous litigation

  • And there are people who just don’t want to pay doctors, so they come up with some case to cause trouble. It takes a toll on doctors.

  • If doctors’ associations themselves have an authority who can view these cases with expert medical knowledge and act, that would be sensible, instead of a person approaching the court and going the long way

  • The courts cannot decide by themselves anyway; they have to get an expert opinion from a group of doctors

Need for change

  • Action against malpractice is one thing, but to compensate an aggrieved consumer is another.

  • As we have an ombudsman for the insurance, banking, and electricity sectors, maybe we should have an independent authority to deal with these issues as a first step

  • The consumer should always have the option to file a case before the consumer courts. 

  • But as a first redress, we could have a body where the matter could be taken to first. 

  • Similarly, we have the option of mediation under the Consumer Protection Act

  • As of now, medical negligence is not covered under it

  • What is needed is a very strong regulatory authority which can monitor medical professionals’ activity, but they should also have powers to control what is happening.

  • There is medical indemnity insurance that a lot of doctors subscribe to in order to be safe if they get into any problem

  • But it is a difficult process if they have to go to court regardless.



Amritsar,1,April 2024,301,Art & Culture,1,August 2023,251,Courses,7,Daily Current Affairs,48,December 2023,189,Disaster Management,2,Environment and Ecology,148,February 2024,228,Foundation Course,1,GDP,1,GEMS Club,1,GEMS Plus,1,Geography,154,Govt Schemes,2,GS 2,1,GS1,6,GS2,36,GS3,15,GST,1,History,9,Home,3,IAS Booklist,1,Important News,71,Indian Economy,118,Indian History,2,Indian Polity,135,International Organisation,12,International Relations,97,Invasive Plant,1,January 2024,240,July 2023,281,June 2022,6,June 2023,268,June 2024,173,March 2024,238,May 2022,17,May 2024,330,Mentorship,2,November 2023,169,October 2023,203,Places in News,2,Science & Technology,66,Science and Technology,90,September 2023,205,UPSC CSE,111,
Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Consumer Protection Act UPSC NOTE
Consumer Protection Act UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content