District Forum - 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


DISTRICT FORUM

Finding of the District Forum

If, after the proceeding conducted under section 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint about the services are allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to do one or more of the following things, namely:
  1. to remove the defect pointed out by the appropriate laboratory from the goods in questions;
  2. to replace the goods with new goods of similar descriptions which shall be free from defect;
  3. to return to the complainant the price, or as the case may be, the charges paid by the complainant;
  4. to pay such amount as may awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party;
  5. to remove the defects or deficiencies, in the services in question;
  6. to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them;
  7. not to offer the hazardous goods for sale;
  8. to withdraw the hazardous goods from being offered for sale;
  9. to provide for adequate costs to parties.
Comments

The provisions relating to goods may apply in case of supply of defective medicines, equipments, blood etc.
 
Appeal against orders of the District Forum

Any person aggrieved by an order made by the District Forum may appeal against such order to the State Commission within a period of 30 days from the date of the order. The State Commission may entertain an appeal after 30 days, if it is satisfied that there was sufficient cause for not filing it within that period.
The expression 'date of order' should be constructed as date of knowledge of the order, i.e., when copies of the order are received by the party.
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