Question
Which of the following is false regarding the act shown in the picture ?
A. Passed in 1986.
B. Decision within 3-6 months.
C. ESI hospitals not included.
D. Right to safety.
Show Answer
|
Correct Answer » C Explanation |
 |
Ans:C. ESI hospitals not included.
Consumer Protection Act (COPRA), 1986
- It is an Act of the Parliament of India enacted in 1986to protect the interests of consumers in India.
- It extends to the whole of India except the State of Jammu and Kashmir.
- Under the act, six different consumer rights, namely right to choose, right to be heard, right to education of customer, right to seek redress, right to be informed, and right to safety, have been included to protect the customers.
- Consumer councils and consumer courts have been established in the district, state and central level to settle the consumers’ disputes.
- CPA has been formulated to be customer-friendly, as there is no court fee payment, the person can plead their own case, and the decision is taken within 3-6 months.
- Medical Negligence under Consumer Protection Act
- Professional negligence or medical negligence may be defined as want of reasonable degree of care or skill or willful negligence on the part of the medical practitioner in the treatment of a patient with whom a relationship of professional attendant is established, so as to lead to bodily injury or to loss of life.
- The patients of the government hospitals cannot maintain a suit in the consumer forum under COPRA, as such services do not have any considerations for the service rendered as those are free of cost.
- The services provided by Employees’ State Insurance (ESI) hospitals cannot be regarded as free service and persons who get treated over there under an insurance scheme are rightly qualified as consumers under COPRA .
- The patients of private nursing homes, hospitals and private practitioners comes under the ambit of a consumer
- For medical negligence, complain can be given to MCI or can be filed in consumer court.
- MCI can take disciplinary action, e.g. temporary or permanent cancellation of registration of concerned doctor. But, MCI cannot punish a doctor or give a compensation.
Consumer courts give compensation. The limits of consumer courts are:‑
- District consumer court → Up to Rs. 20 lacs.
- State commission→ 0 Rs. 20 lacs to Rs. 1 crore.
- National commission Above Rs. I crore.
