๐
One reason Why Medical professional comes under section 2(42) of Consumer protection Act, 2019 [Definition of service]
Dharangadhara Chemical Works Ltd. v. State of Saurashtra, 1957
A contractย forย services' implies aย contractย whereby one party undertakes to renderย servicesย e.g. professional or technicalย services, to or for another in the performance of which he is not subject to detailed direction and control but exercises professional or technical skill and uses his own knowledge and discretion. [See : Oxford Companion to Law, P. 1134].
A
contractย ofย
service' implies relationship of master and servant and involves an obligation to obey orders in the work to be performed and as to its mode and manner of performance.ย [See : Stroud's Judicial Dictionary, 5th Edn., P. 540; Simmons v. Heath Laundry Co. (1910)
andย
Dharangadhara Chemical Worksย (supra)
๐
For point wise difference see-Contract '
of' Personal Service is excluded in service definition [2(42)]
Doctor and patient relationship can be based on mutual trust but not like master and servant thereby it is not OF but FOR.
Now the court has rejected the reference to reconsider the Indian Medical Association vs V.P. Shantha, 1995 case as it was irrelevant because court had decided lawyers case on its own merit w/o considering this case, this 1995 case can be reconsidered in future if factual foundation warrants so.
๏ปฟ
@CurrentLegalGK