How this issue came up again?
- Lawyers removed from the jurisdiction of CP Act 2019 vide SC judgment in case of Bar of Indian Lawyers &Bar Council of India v/s D. K. Gandhi & National Institute of Communicable Diseases and Anr. Decided On 14.05.2024
- Not inserting Health care services in the act 2019 when telecom word was inserted
- Speeches in Parliament while discussing at the time of approval of
- Judges are not well acquainted with Medical Science & Medical knowledge
Highlighted points:
Point No.1 Lawyers profession cannot be said to be parallel to Medical Profession because:
- Legal profession is an extension of system of justice and contribute in various manners as an “OFFICER OF THE COURT”.
- Lawyers are appointed SPECIAL LEGAL OFFICERS attached to judges of Supreme courts and High courts and other various courts/Tribunals for helping the court in searching appropriate case law, study material needed in particular case
- He is appointed as ‘AMICUS CURIA’ to plead any case for and on behalf of court.
- He is appointed LOCAL COMMISSIONER to investigate some matter if any situation arises before the court
- Advocates are also appointed as AN OFFICER OF THE COURT by the courts to organise proper investigation where expert opinion is required at site Such as expert opinion in building construction matters, vehicle defect matters
- Advocate is also appointed SPECIAL OFFICER OF THE COURT to conduct evidence ,take statement of witnesses on behalf of court where court wants local commissioner to help in disposing off long evidences in order to save court time.
- Lawyers are also appointed as OATH COMMISSIONERS /NOTARY PUBLIC for attesting legal documents.
- Lawyers are also appointed MEDIATORS who assist the courts to settle the matters out of court by the parties with their free consent.
- The document used for the appointment of a pleader is known as
- Advocates have certain duties to the public ,court and client by filing“Vakalatnama,”
Point No 2 Inserting Healthcare word was not felt necessary because:
- Telecom services were deleted by Supreme Court order in General Manager, Telecom vs M. Krishnan & Anr on 1 September, 2009 by a judgment and that has been purposely added to correct the position. But Medical services had never been removed by any court after 1965,hence was not required to insert it like many other services not listed .The definition of Services clearly spells “not limited to” word
- Even there after SC Judgment On 27 Feb 2022 in Case of Vodafone Idea Cellular Ltd. vs Ajay Kumar Agarwal Decided on 16 Feb 2022 made clear that Consumer Protection Act is a special law for consumers and earlier judgment in 2009 was not correct
Because of all above history in Telecom matter legislature felt necessary to add word telecom whereas in medical cases ,felt not required.
Point No 3 Speeches in the Parliament after act approved is of no relevance
SC in Medicos Legal Action Group v Union of India| SLP (Civil) 19374/2021 Decided in June 2022
From the pleadings it is found that ‘health care’ was initially included in the definition of the term “service” appearing in the Bill but after extensive debates, the same was deleted.
“The definition of “Service” is wide enough under the Act. If the Parliament wanted to exclude, they would have said it expressly,The Minister’s speech in the house cannot restrict the ambit of the Act. while laying emphasis on the word, “Service of any description.”
Point No 4. Apex court already confirmed jurisdiction of Consumer Commissions in Medical Cases in number of judgments and none is reversed till date
Shantha v/s Indian Medical Association SC 1995
Consumer Protection act has the jurisdiction to deal with Medical Negligence cases where payment is made for the services hired
J.J.Marchant v/s Shrinath Chaturvedi SC 2002
“No Court can function if Judges are to know every subject thoroughly. One judge can be an expert of one or two subjects. There is a provision of seeking expert opinion viable to civil courts s well as Consumer Commissions”
Jacob Mathew v/s State of Punjb5th august 2005 SC
“All professions such as charted accounts,mediacl profession,advoctes come under the jurisdiction of consumer protection act”
Dr Prem Lata
