Don’t be panic of new Consumer protection bill
Myths and facts about New CPA BIll 2019
Myths 1: provision of imprisonment of 3 years
Fact: it is to noted that provision of Jail is not for losing the case in forum, but for not following the order of compensations given by forum and that is of 1month to 3years same as earlier
Myths 2: provision of higher compensation
Fact: Of course more cases will be lodged in District Forum with claiming higher compensations because of increasing limit of district forum from 20 lakhs to 1 crore but fact is that in earlier CPA also court ordered crores of compensations. So no need to stress on this as order of compensation depends upon evidences produced by the complainant not merely by claiming
Myth 3: provision of mediation cell makes court procedure lengthy
Fact: Fact is, if it appears to the forum that there exists an element of a settlement which may be acceptable to the parties then Court may direct parties to go to mediation cell that too after both the parties give the consent in writing, so there is no provision of going to mediation cell compulsory.
Myth 4: Provisions of filing case out of your practice area will harass the doctor so much:
Fact: yes u may feel harassed, but not much as you are thinking as if u r indemnified, your insurance company will arrange local advocate for you and he will appear in the court on behalf of you. Moreover, consumer forum proceeding is more based on documentary evidence rather than oral evidence so if you provide good documentation and references to your advocate, he will represent your case better and that can be sent by mail r courier also. It wiser to hire medicolegal expert to defend yr case better
Myths 5: High /Supreme Court judge will not be in body of forum/ commission
Fact: in earlier CPA, minimum requirement to be president of district forum was District judge only. In present bill it is clearly written that central govt makes rules, regulations for qualification, method of recruitment etc and rules, regulations are yet to be framed. So it is earlier to say that there won’t be anyone from judiciaries to judge the case.
Lastly this new CPA bill is not made for doctors only but for the consumers at larger interest, so interpret CPA bill properly rather than making havoc among doctors
Dr. Vinesh Shah
M.D (F.M), PhD (F.M), B.G.L
Medicolegal Expert
Mumbai/Ahmedabad/Surat
Pixie Forensic and MedicoLegal Consultancy
www.pixieforensic.org