SC: Cannot file consumer plaint against govt docs

SC: Cannot file consumer plaint against govt docs

New Delhi: 

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 governemnt hospital. Now the SC has clarified that a complaint cannot be filed against goverement doctors also.

“...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 who receives salary for the employment in the hospital. It was thus concluded that the services rendered by employeemedical officer to such a person would therefore continue to be service rendered free of charge,” the SC said. TNN