Consumer Protection Act 1986 & Its Medical Profession related Provisions After The Judgment Honorable Supreme Court of India dated 13-11-95
NATIONAL COMMISSION
Limitation Period
The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed in within 2 years from the date on which the cause of action has arisen.
In case there are sufficient grounds for not filing the complaint within such period delay may be condoned at the discretion of the Consumer Forum/Commission.
Dismissal of Frivolous or Vexatious Complaints
Where a complaint instituted before the District Forum, the State Commission or the National Commission, as the case may be, is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complaint shall pay to the opposite party such cost, not exceeding rupees 10,000 as may be specified in the order.
Penalties
Where a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum, the State Commission, as the case may be, such person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to 3 years, or with fine which shall not less than 2,000/- rupees but which may extend to 10,000 rupees, or with both. In exceptional circumstances the penalties may be reduced further.
Consumer Protection Councils
The Act provides for the establishment of:
1. The Central Consumer Protection Council (The Central Council).
2. The State Consumer Protection Council (The State Council).
Objectives of the Council shall be:
To promote and protect the rights of the consumers such as:-
a) the right to be protected against the marketing of services which are hazardous to life and property;
b) the right to be informed about the quality, quantity, potency, purity, standard and price of services so as to protect the consumer against unfair trade practices;
c) the right to be assured, whenever possible, access to a variety of services at competitive prices;
d) the right to be heard and to assured that consumer’s interest will receive due considerations at appropriate forums;
e) the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and
f) the right to consumer education.
The Central Council shall consists of 150 members. The Minister in-charge of the Consumer Affairs in the Central Government shall be its Chairman. The State Council shall be chaired by Minister-in-charge of Consumer Affairs in the State Government.
The resolutions passed by these Councils are recommendatory in nature.
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