Lawyer’s argument that healthcare service is not mentioned in the definition of service in law 18
New Delhi, Dt
The apex court had said that doctors and healthcare services were not excluded from the purview of the Consumer Protection Act 2017. The apex court also upheld the Bombay court’s decision in this regard. The Bombay High Court also said in its judgment that doctors and healthcare service providers are covered under the Consumer Protection Act. The apex court had dismissed the non-disclosure petition as intentional. The petition was filed by an NGO called Medicos Legal Action Group. Senior counsel Siddharth Luthra, on behalf of the petitioner, argued that Healthcare service was not mentioned in the definition of service in Act 19. Although the new Act proposes to include healthcare, in fact it is not mentioned in the definition of service. The bench of the apex court also said that the law refers to any type of service and the definition of service is broad enough. If Parliament had wanted to exclude it, it would have made clear provision. Justice Chandrachude told the lawyer that his client had in fact harmed his own interest. There have been several cases of negligence against doctors and they have forced this non-disclosure petition. This is a deliberate application. The bench of the apex court added that the reason why healthcare was kept away was that the definition of service was broad enough. And the speech of the Minister in Parliament which is mentioned in the petition cannot control the matter clearly written in the law. Citing his latest example, Justice Chandrachude said the case was related to telecom services. The apex court also rejected the plea and upheld the Bombay High Court’s verdict and fine. Apart from this he was asked to pay the fine within the next four weeks.
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