State Commission - CPA Related to Medical Profession

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Consumer Protection Act 1986 & Its Medical Profession related Provisions After The Judgment Honorable Supreme Court of India dated 13-11-95

STATE COMMISSION

It shall consists of:
1. a person who is or has been judge of a High Court, appointed by the State Government, who shall be its President;
2. two other members with qualifications and experience (as for District Forum) within the State;
3. revision petitions against the District Forum.

Procedure to be followed by State Commission

Procedure of the State Commission for entertaining original complaints is the same as for District Forum

Procedure of hearing appeal by State Commission

The procedure for hearing of appeals by the State Commission has been prescribed by the State Rules framed by the States which are almost identical for each State. Reference may be made to the relevant State Rules by the readers of that State.

Appeal may be decided ex parte in case the opposite party fails to file a reply to the appeal and /or fails to appear himself or through his agent/advocate on the date fixed. It may be decided on merit, in case the appellant fails to appear on the date fixed for hearing.

Appeals against orders of State Commission

Any person aggrieved by an order made by the State Commission may appeal against such order to the National Commission within a period of 3 days. The National Commission may entertain an appeal after 30 days if it is satisfied that there was sufficient cause for not filing it within that period.

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