Consumer Protection Bill 2018 friend or Foe ?
Dear All
The Consumer Protection Bill 2018 which is to replace the Consumer Protection Act 1986 has specified the pecuniary jurisdiction of District forum in cases where value of the goods or services paid as consideration does not exceed one crore rupees.
The Consumer protection Act 1986 originally envisaged District forum pecuniary jurisdiction where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees five lacs which was raised to 20 lacs in subsequent amendment.
In the new Bill the term "and the compensation if any claimed" is missing and has immense significance for us. If this is deliberate then Doctors will never need to be hauled to NC or even State Commission because no doctor charges fee for services in crores. But if it includes within the meaning of terms that compensation demanded upto 1 crore will fall within purview of District forum , from 1-10 crore in State Commission and more than 10 crore in NCDRC then doctors who are the only service provider sued for compensation in crores need to be worried. If compensation claimed is the criterion then we can expect a spurt of more and more demands of compensations in 10s of crores. The PRS legislative research has included compensation demanded as the ingredient for pecuniary jurisdiction in Various District / State or National forums and commissions;
http://www.prsindia.org/…/Comparison%20Table-Consumer%20Pro…
I hope IMA as well as specialty Medical Associations have taken note of this and have taken appropriate steps to clarify and mitigate this disaster in the making.
Bill has already been placed by Sh Ram Vilas Paswan in the Lok Sabha on 5th Jan 2018 and copy of the same is attached
http://www.prsindia.org/…/Consumer%20Protection%20Bill,%202…
Dr Neeraj Nagpal
Convenor,Medicos Legal Action Group, Managing Director MLAG Indemnity,
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
1184, Sector 21 B Chandigarh
09316517176 , 9814013735
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