CONSUMER PROTECTION ACT (CPA)

Introduction
• In 24th October , 1986 in order to provide
better protection for the consumers Lok
Sabha introduced Consumer Protection Act.
• It came into force on 15th April , 1987
• It was on 13th November 1995 that the
honorable Supreme Court of India delivered
judgment on application of CPA, 1986 to the
medical/ dental profession, hospitals,
dispensaries, nursing homes, and other
related services

Why we need consumer protection act?
• To provide speedy and simple redressal to consumer disputes.
Advantages
• Limited time is need for decision
• No court fee is payable

Who is a consumer?
Any person
• Buys good for a consideration which has been paid or will be
paid
• Hires or avails any service for a consideration which has
been paid or will be paid
• It does not include a person who obtains good for resale or any
other commercial purpose

Who is liable to CPA?
• Doctors with independent practice
• Private hospitals charging all patients
• All hospitals having free as well as paying patients
• Doctors/ hospitals paid by an insurance firm for treatment
of a client or an employment for that of an employee

Who is not liable?
• Doctors in hospitals, which do not charge their patients
• Hospitals offering free services to all patients

1. Name and address of the complainant
2. Name and address of the opposite party or
parties
3. Description of the fact of the complaint
4. Documentary evidence regarding the
complaint
5. Relief expected as redressal of complaint
How to File a Complaint?
A complaint should contain the following information:

Time limit
• The permissible time limit to file a complaint is 2 years
from the date of injury
• The time starts from the date of injury and not from the date
of disability certificate
• However, if the injury is continuous then the time starts from
the date of last treatment given

Procedure for lodging complaint

Preventive strategies against litigation
Some DO’S
• Mention your qualifications on the prescription
• Always mention date and timing of the consultation
• Mention age, gender, weight (if child)
• In complicated cases record precisely history of illness and
substantial physical findings
• If the patients/attendants are erring on any count make a note
of it or seek written refusal preferably in local language with
proper witness

Preventive strategies against litigation contd..
• Write name of drug clearly. Use correct dosages
• Mention whether prognosis explained
• In case of any deviation from standard care, mention reasons
• Specifically, mention review, follow-up schedule
• Mention if patient/attendant is/are under the effect of
alcohol/drugs
• In case a particular drug/equipment is not available, make a note
• Mention where the patient should contact in case of non-
availability/emergency of doctor

• Establish standards of treatment of common pediatric disorders
• Train members in the art of simple yet transparent record
keeping
• Train members in judicious use of high technology investigative
procedure, laying reasonable protocols wherever possible
• Establish grievance redressal cell or forum
• If there is a case in consumer court, take due cognizance of the
case and attend personally with or without your lawyer

• Never get panic or frightened of CPA
• Do not hesitate to discuss the case with your colleague
• Do not hesitate to discuss the case with patients/ attendants
Some Dont’s
• Whenever there is a case in CPA, do not ignore
or disrespect court
• Do not give unnecessary details and do not
volunteer to hand over documents unless
specifically asked for

• Do not write ayurvedic/Homeopathic/Unani formulations
• Do not examine the patient if you are sick, exhausted, under
effect of alcohol
• Never talk loose of your colleagues, despite intense
professional rivalry
• Do not adopt experimental method in treatment

Consent
Implied consent
Expressed consent (Tacit consent)
Informed consent
Proxy consent
Loco(Consent) Parentis
Blank consent

Implied consent
• It implies consent to
dental examination in a
general sense i.e. when
a patient approaches
the dentist for
treatment; it is
presumed that there is
consent for routine
physical examination
Expressed consent (Tacit
consent)
• Expressed consent is
one, the terms of which
are stated in distinct and
explicit language
• Express written consent
should be obtained for
all major diagnostic
procedures, general
anaesthesia, for surgical
operations etc

Informed consent
• Informed consent is
the process of
obtaining permission
of a subject to
participate in
research and to give
an opportunity to
decide about his or
her healthcare
Proxy consent
(Substitute Consent)
• This type of consent
is utilized in the event
the patient is unable
to give consent
because he/she is a
minor or mentally
unsound/
unconscious

Loco (consent)
parentis
• In an emergency
situation in case of
children, when
parents/ guardians are
not available, consent
can be obtained from
the person bringing
the child for dental
examination or
treatment
Blanket consent
• It is a consent taken
on a printed form that
covers (like a blanket)
almost everything a
dentist or a hospital
might do to a patient,
without mentioning
anything specifically

Consent may not be obtained in the following situations
Person suffering from a notifiable disease
Spread of infection
Examination of immigrants
Members of armed forces, handlers of food and dairy products
Prisoners and criminals
Vaccination
Child offenders when the Magistrate makes the request
Attempted suicide
Medical emergencies

What should a doctor do in case
of medical mishap?
• Complete the patients record
and recheck the written notes
• Be frank enough and inform
clearly of the mishap
• After these initial responses, the doctor should contact/
protection organization to seek advice

SWOT analysis- CPA
•Strength
• The complainants can argue their case
themselves in the consumer courts
Free legal aid
Consumer Advice Centres (CAC)
Mediation Advisory Centre (MAC)
Online Disputes Redressal forum (ODR)
•Weakness
• Highly technical orientation of the
Medical field
Limited definition of a ‘consumer’
Inadequate administrative support,
shortage of manpower and insufficient
infrastructure
Lack of objectivity and empirical nature of
several regimens
•Threat
• Low level of awareness among patients
• Illiteracy and low socioeconomic status of
patients
• Exaggerated claims
• Tendency of insurance companies to opt
for out of court settlements
•Opportunity
• Growing patient consciousness for quality
care
• Successful application of the CPA to other
services/ goods
• Possibility of introducing medical audit

Recent Updates
Consumer Protection Act- 1986 Consumer Protection Act- 2019
No separate regulator
CCPA formed(Central consumer
Production Authority) to control
misleading advertisements and unfair
trade practices
Complained could be filled in a consumer
court basis the site of the defendant /
sellers office
Complained could be filled in a consumer
court where the complainant either
resides or works
No specific provision for production
liability
Consumer can now seek compensation
for harm caused by a defective product
No legal provisions for mediation existed
Courts can now refer settlement through
mediation
*CPA 2019- Deleted healthcare from definition of services but still we health care
professionals will come under the definition of Consumer

Summary
• The CPA is a consumer specific legislation designed to
provide for speedy and inexpensive remedy to the consumers
• Three-tier redressal machinery at the District, State and the
National level has been constituted
• Awareness among health professional about such laws is
observed to be varied
• There is a need to raise the awareness of health professional
about such laws so that their increased professional concern
and practice conforms to welfare of patients

REFERENCES
• Essentials of preventive and community dentistry - Soben
peter (fifth edition).
• Textbook of public health dentistry- SS.Hiremath (third
edition).
24

CONSUMER PROTECTION ACT (CPA)

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