DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 25th day of March 2011
Present : Smt.Seena H, President
: Smt. Preetha.G.Nair, Member
: Smt. Bhanumathi.A.K, Member
Date of filing: 07/03/2011
(C.C.No.43/2011)
1.Gopalan
S/o.Raman
Parakkootil House
Pottassery (PO)
Mannarkkad Taluk
Palakkad – 678 598
2. Thankamani
W/o.Gopalan
Parakkootil House
Pottassery (PO)
Mannarkkad Taluk
Palakkad – 678 598 - Complainants
(By Adv.John John)
V/s
1. State
Rep.by
The District Collector, Palakkad.
2. The Superintendent
District Hospital,Palakkad
3. Dr.Rajesh Nair
District Hospital, Palakkad
4. Latha,
Staff Nurse
District Hospital, Palakkad
5. Shiny
Staff Nurse
District Hospital, Palakkad - Opposite parties
O R D E R
By Smt.SEENA.H. PRESIDENT
Complaint in brief :
Complaint alleging deficiency in service on the part of opposite parties on account of the medical negligence which has resulted in the death of son of the complainants.
On verification, it is seen that the complaint is filed against the Doctor, Staff Nurse and Superintendent of a Government Hospital.
Complaint posted for hearing on admission. Heard complainant.
Complaint is filed against a Government Hospital where the son of the complainant has undergone treatment. Complaint can be filed before the Forum for the deficiency in service on the part of the parties as defined under the Consumer Protection Act Sec 2(1)(o) of the C.P.Act define service as follows :
“Service” means service of any description which is made available to potential [users and includes, but not limited to, the provision of] facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, [housing construction] entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.
Hence, the complaint is not maintainable before the Forum if the service rendered is free of charge. It is a settled position that the payment made towards O.P.ticket is not at all a consideration.
In the result, without going into the merits, complaint is dismissed.
Pronounced in the open court on this the 25th day of March 2011.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
Member
