New Delhi: The Supreme Court has dismissed a review petition challenging its previous order, which upheld the 1995 judgment in Indian Medical Association v. VP Shantha. This ruling confirms that doctors and medical professionals remain liable under the Consumer Protection Act, 1986, which was re-enacted in 2019.
A three-judge bench comprising Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan stated:
“Having perused the Review Petition and the connected papers with meticulous care, we do not find any justifiable reason to entertain the review petition. The Review Petition is, accordingly, dismissed.”
Background of the Case
The controversy began when, on May 14, 2024, a two-judge bench of Justices Bela M Trivedi and Pankaj Mithal ruled that legal professionals were not covered under the Consumer Protection Act. However, they observed that the VP Shantha judgment—establishing medical professionals’ liability under the Act—needed reconsideration and requested the Chief Justice of India (CJI) to refer the case to a larger bench.
Subsequently, in November 2024, the matter came before a three-judge bench, which declined to reconsider the VP Shantha ruling. The Court emphasized that the reference made by the two-judge bench was unnecessary.
Supreme Court’s Reasoning
The Court clarified that while it had ruled that the legal profession does not fall under the Consumer Protection Act, this did not necessitate re-evaluating whether doctors and other professionals should continue to be covered.
“Since the Court came to the aforesaid finding, irrespective of the finding of this Court in Shantha, the reference was not necessary. The question as to whether the other professionals, excluding the legal profession, could be covered by the Consumer Protection Act can be considered in appropriate cases, having a factual foundation,” the bench observed.
With this ruling, the liability of doctors and medical professionals under the Consumer Protection Act remains intact, ensuring that patients can continue to seek legal recourse for medical negligence and service deficiencies.
