Consumer forum can consider complaints against doctors, hospitals: Kerala HC

Kochi: Consumer Disputes Redressal Commissions, commonly known as 'consumer forums', can consider complaints against doctors and hospitals, the Kerala high court has held.

The ruling by justice N Nagaresh was while dismissing a petition (WP-C No. 970/2022) filed by doctor Vijil and five other doctors of Kannur challenging orders issued by district and state consumer disputes redressal commissions as without jurisdiction and hence illegal.

Consumer Protection Act, 2019 had specified the services against which the commissions can consider complaints of under section 2(42). The doctors had contended that medical service or practice is not included in the illustrations in the inclusive definition of the term ‘service’ under section 2(42).

Referring to the definition of ‘services’ under section 2(42), the high court held, “A reading of the inclusive part in Section 2(42) would show that the Parliament intended to specifically underline that certain services like Banking, Financing, Insurance, Transport, etc., which are in the nature of public utility services, would come within the purview of ‘services’. The definition is inclusive and not exhaustive.

Therefore, all services which are made available to potential users would fall under Section 2(42), except those services rendered free of charge or under a contract of person service. The words ‘but not limited to’ appearing in Section 2(42) clarifies the intention of the Parliament. The medical services therefore would indeed fall within the ambit of Section 2(42), unless of course the service is free of charge or is under a contract of personal services."