Under the Consumer Protection Act (COPRA) 2019, medical services provided by a private hospital for a fee are included in the definition of 'service', making the hospital/doctor liable for 'deficiency in service'. Which of the following is currently EXCLUDED from this definition?

• A Private hospital charging fees for consultation and treatment
• B Diagnostic services by a private laboratory
• C Free medical service provided at a government hospital without any payment ✓
• D Medical tourism services

Explanation

COPRA 2019 defines 'service' as services for consideration (payment), expressly excluding services rendered free of charge. Government hospitals providing free healthcare are therefore outside the ambit of consumer protection as the patient-consumer relationship requires a consideration element. The Supreme Court ruled in Indian Medical Association v. VP Shanta (1995) that paid medical services fall under consumer protection law. Free government services are accessible via other grievance mechanisms (right to health, writ petitions) but not consumer courts.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

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