17.08.2017

HON’BLE MR. TARAPADA GANGOPADHYAY, MEMBER

This Appeal u/s 15 of the Consumer Protection Act, 1986 is directed by the Complainant assailing the judgment and order dated 8.12.2015 passed by the Ld. District Consumer Disputes Redressal Forum, Burdwan, in Consumer Complaint No. 78/2011, dismissing the Complaint on the ground that the medical service involved in the Complaint Case having been free of charge, does not come within the definition of service as defined u/s 2(1)(o) of the Consumer Protection Act, 1986.  Being aggrieved by the said order the Complainant has approached this Commission by filing the instant Appeal.

The Ld. Advocate for the Appellant submits that although the treatment in the Government Hospital concerned was free of charge, still the Complainant is a ‘Consumer’ and the Complaint Case concerned falls under the Consumer Protection Act, 1986.  In support of such contention the Ld. Advocate has referred to the decisions in (1) Rajesh Sharma Vs. Union of India & Ors., reported in IV (2016) CPJ 386 (NC) and (2) Arvind Pandey & Anr. Vs. Dr. (MRs.) Sulekha Saran & Ors., reported in 2012 (3) CPR 142 (NC) and (4) Paschimbanga Khetmazdoor Samity Vs. State of West Bengal & Anr., reported in 1996 SCC (4) 37.

The Ld. Advocate concludes that in view of the aforesaid submission and the decisions of the Hon’ble National Commission, the instant Appeal should be allowed, the impugned order be set aside and the Complaint be restored.

None appears on behalf of the Respondents/OPs despite due service of Notices as is evident from the orders of this Commission.

Heard the Ld. Advocate appearing, considered his submission and perused the materials on records including the decisions cited.

It is well-settled that the service rendered by the Government Hospital, which are subsidized by the Government, falls within the definition of ‘Service’ under the Consumer Protection Act, 1986.  In this context, the decision of the Hon’ble National Commission in Jagdish Vajpayee Vs. Union of India, decided on 20.10.2015 in R.P. No. 570 of 2002 is relevant, wherein the Hon’ble National Commission held, “….it cannot be said that service rendered by the hospital, which is subsidized by the Government, is rendering service free of charge…”. 

In the decision of the Hon’ble Supreme Court in Pashim Banga Khet Mazdoor Samity Vs. State of West Bengal & Anr, reported in 1996 SCC 437, it was also settled that the services rendered by the Government Hospitals and their doctors fall within the purview of ‘Service’ under the Consumer Protection Act, 1986. In the said decision it was held “Failure on the part of the Government Hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21 of the Constitution of India……In respect of deprivation of the constitutional right guaranteed under Part-III of the Constitution, the position is well-settled that adequate compensation can be awarded by court….”

In view of the foregoing discussion and the decisions of the Hon’ble National Commission and the Hon’ble Supreme Court, the instant appeal is allowed, the order impugned is set aside and the Complaint restored.

Consequently, the case is remanded to the Ld. District Forum for hearing of the Complaint Case afresh on merits and dispose of the same as per law.

All the parties are directed to appear before the Ld. District Forum concerned on 06.09.2017.