Haryana

Fatehabad

CC/11/2023

Gagan Deep Kaur - Complainant(s)

Versus

Doctor Loveleen - Opp.Party(s)

P.K Arora

03 Feb 2023

ORDER

 

                   This present complaint has been filed by the complainant against Dr. Loveleen, Chief Medical Officer posted at General Hospital, Fatehabad with the allegation of medical negligence and prayed for compensation.

                   Learned counsel for the complainant has been heard and the case file has been perused minutely. 

                   In view of the Judgment passed by Hon’ble Apex Court titled as “Civil Hospital & Ors. Vs. Manjit Singh & Anr” arising out of SLP © No. 1658 of 2022 decided on 06.09.2022 wherein in para No.2 it has been mentioned that:

1.  Where services are rendered free of charge to everybody availing of the said services.
2. Where charges are required to be paid by everybody availing of the said services.

                   In the present case, the complainant has not paid any service charges/consideration for the medical treatment to the OPs/treating doctor and the services were free of costs. Accordingly, we are of the considered opinion that this case is not a fit case to serve any notice to the OPs for appearance in the present complaint, keeping in view the case law “Civil Hospital &  Ors. Vs. Manjit Singh & Anr(supra). The citations relied upon by the learned counsel for the complainant titled as “Medicos Legal Action Group Vs. Union of India” decided on 25.10.2021 by Hon’ble  High Court of Bombay  in  PIL No. 58 of 2021 and “R. Lakshmi Vs. Royapettah  Government Hospital” in CC No. 19 of 2008 decided on 10.10.2014 by the State Consumer Disputes Redressal Commission, Tamil Nadu are hereby distinguished being not helpful to the case of the complainant. In view of the case law Civil Hospital &  Ors. Vs. Manjit Singh & Anr(supra).  

                   In view of the above facts and circumstances, we hereby dismiss the present complaint in limnie. However, the complainant is at liberty to file the complaint before appropriate court/competent court of law. Original documents, if any  be returned after placing photocopies thereof on the case file against proper receipt. Copy of this order be supplied free of costs. File be consigned to the record room, after due compliance.