With enactment of the Consumer Protection Act, 2019 and by repealing the previous Act,1986; the Legislation has established a Central Consumer Protection Authority (CCPA) with statutory powers, which would prove their role as a game changer in the days to come (Reference – Chapter III Section 10 of the C.P. Act, 2019).

The CCPA is ought to serve consumer welfare in a big way. This Authority is headed by a Chief Commissioner with sweeping powers through an investigation wing empowered to carry search and seize operations. It also registers cases under the Criminal Procedure Code.

We are aware that the “Right to Health” is a fundamental right of an individual recognised by our Constitution of India. The corresponding duties towards this fundamental right will fall upon the State, which operates with limitations in providing optimal justiciabitliy. It has opened doors for active assistance to private sectors, which now accounts for nearly 70% of total health care. This has yielded many unfair practices in health care services.

It is a well-established law that the provisions of the Consumer Protection Act, 2019 are applicable to all heath care services. It is a fact, there are bad apples in every profession and the law of Consumer Protection has to address it.

The crux is under havoc and fear of Covid 19 pandemic. Certain unscrupulous private sectors in health services, don’t hesitate to compel patients to undergo invasive or non-invasive medical procedures and extract unethical costs in lieu of unnecessary pathological tests, etc. They forget the professional ethics to make money. Heath care must be affordable. Ethics is an important factor and corruption is quite rampant by adopting unethical ways.

Such unfair practices definitely stands within the legal ambit and needs to be dealt under provisions of the Consumer Protection Act. The disputes of such victims are ought to be redressed by the competent Consumer Commission.

If you have faced any similar issues, please feel free to approach www.powertoconsumer.in for an appropriate legal advise.

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