SC: After free care, can’t file consumer case against doctor

SC: After free care, can’t file consumer case against doctor

TIMES NEWS NETWORK

New Delhi:  10.12.2021

The Supreme Court has said that a person cannot file a consumer complaint against a doctor after getting free of cost treatment from a government hospital.

In terms of Section 2(1)  (d)(ii) of the Act, a consumer is the one who hires or avails of any services for a ‘consideration’ which has been paid or promised or partly paid or partly promised. Under this definition a person cannot be termed as consumer and file complaint against government hospital.

Now the SC has further clarified that a complaint cannot be filed against goverement doctors too. “... A medical officer who is employed in a hospital renders service on behalf of the hospital administration and if the service as rendered by the Hospital does not fall within the ambit of 2(1)(0) of the Act being free of charge, the same service cannot be treated as service under Section 2(1)(0) for the reasons that it has been rendered by medical officer in the hospital...,” a bench said.