Mumbai, September 15, 2026: The Supreme Court’s dismissal of a curative petition challenging the inclusion of medical services under the Consumer Protection Act has been welcomed by the top consumer rights advocates, who said the decision finally settles the long-standing debate over the accountability of doctors and hospitals under consumer law.
Reacting to the recent development, where the Supreme Court had dismissed the curative petition filed by Medico Legal Services of India, seeking reconsideration of the 1995 landmark judgment in Indian Medical Association vs V.P. Shantha, the Mumbai Grahak Panchayat chairman Adv. Shirish V. Deshpande said the dismissal had placed a “final judicial seal” on the applicability of consumer protection law to doctors and medical services.
Consumer Law Applicability Settled
“With this dismissal, the long-standing debate on whether medical services fall under the Consumer Protection Act has now been conclusively settled,” Deshpande said.
He said medical bodies had exhausted all possible legal avenues to avoid liability under the Act and should now accept the legal position and focus on improving the quality of healthcare services.
Deshpande clarified that the Consumer Protection Act does not penalise doctors merely because they fail to cure a patient. “It expects doctors to take adequate care of patients. When a doctor falls short of this duty of care and it results in harm to the patient, the Act provides for compensation for such harm,” he said.
Doctors Expected To Follow Protocols
Adv. Anand Patwardhan, former president of the Consumer Court Advocates’ Association, said the principle that medical services could be examined under consumer law had already been settled in V.P. Shantha.
According to Patwardhan, medical professionals are expected to follow established protocols, particularly in situations where timely intervention during the “golden hour” can prevent death or permanent disability. Accountability becomes important when failures in following such protocols result in harm to patients, he said.
Patwardhan said the issue was not whether doctors intended to harm patients, as no doctor would ordinarily wish to do so, but whether adequate care, treatment protocols and proper management were followed.
“The question is not whether a doctor wishes to harm a patient. The issue is whether the patient has been properly treated and managed. That is where hospitals, medical staff, medicines, protocols and doctors come under the scrutiny of the Consumer Protection Act,” he said.
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Mumbai Grahak Panchayat Welcomes Ruling
Deshpande said Mumbai Grahak Panchayat had consistently maintained that doctors and medical services were covered by consumer protection law when the provisions of the legislation were considered in their entirety.
“The Supreme Court’s final seal on this position vindicates the stand taken by Mumbai Grahak Panchayat from the outset,” he said, adding that the organisation welcomed the decision and urged medical associations to accept the legal position.
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