National 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

NATIONAL COMMISSION

This shall consists of :
  1. a person who is or has been a judge of the Supreme Court to be appointed by the Central Government who shall be its President. (No appointment under this clause shall be made except after consultation with the Chief Justice of India).
  2. 4 other members (qualification: As for District Forum/State Commission), one of whom shall be a woman.

Jurisdiction of the National Commission

The National Commission shall have jurisdiction:
  1. to entertain - 
    (a) complaints where the value of goods services & compensation if nay, claimed exceeds rupees 20lakhs; and 
    (b) appeals against the orders of any State Commission.
  2. to entertain revision petitions against the State Commission.

Procedure to be followed by the National Commission

A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the National Commission or be sent by registered post, addressed to the National Commission:
  1. the name, description and the address of the complainant;
  2. the name, description and address of the opposite party or parties, as the case may be, so far as they can be ascertained;
  3. the facts relating to the complaint and when and where it arose;
  4. documents in support of allegations contained in the complaint;
  5. the relief which the complainant claims.

The remaining procedure is similar to that for State Commission. Procedure for filing and hearing of appeals has been prescribed in Rule 15 of the Consumer Protection Rules, 1987.

Appeal against orders of the National Commission

Any person aggrieved by an order made by the National Commission, may appeal against such order to the Supreme Court within 30 days from the date of the order.

The Supreme Court ay 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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