Forensic Medicine · Consent, Professional Negligence and Medical Ethics (Consumer Protection, Vicarious Liability)

A medical negligence suit claiming compensation of 60 lakh rupees is to be instituted today against a private hospital under the Consumer Protection Act, 2019. Taking into account the pecuniary limits revised in December 2021, the appropriate forum is:

  • A State Consumer Commission
  • B District Consumer Commission
  • C National Consumer Disputes Redressal Commission
  • D Civil Court of first instance
Correct answer: A. State Consumer Commission

Explanation

The Consumer Protection Act, 2019 originally placed claims up to 1 crore rupees before the District Commission. By notification effective December 2021 these limits were reduced: the District Commission entertains claims up to 50 lakh rupees, the State Commission from above 50 lakh up to 2 crore rupees, and the National Commission above 2 crore rupees. B 60 lakh claim therefore falls squarely within State Commission jurisdiction, and the parallel civil remedy is not the route intended here.

Reference: The Consumer Protection Act, 2019 with 2021 pecuniary jurisdiction revision, Current statute ed.

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