CC Filed on 05.02.2008<br /> Disposed on 04.09.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 04th Day of September 2008<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No.15/2008<br /> Between:-<br /> <br /> Smt. Bachamma,<br /> W/o Pillaearappa,<br /> 51 years,<br /> R/o Lakkahalli,<br /> Kasaba Hobli & Post,<br /> Sidlaghatta Taluk,<br /> Chikkaballapur District. Complainant<br /> <br /> (By Advocate Sri. D.V.Vishwanatha Gowda & Others)<br /> <br /> V/s<br /> The Chairman,<br /> Mahaveer Eye Hospital,<br /> G.C.Surana,<br /> Drishti Eye Hospital,<br /> No.2, Sirur Park Road,<br /> (Behind Nataraja Theatre)<br /> Bangalore. Opposite party <br /> <br /> (OP - Ex-parte)<br /> <br /> ORDER<br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against opposite party to pay a sum of Rs.5,00,000/- with interest towards compensation for the medical negligence. <br /> <br /> CC No.15/2008<br /> 2. The material facts alleged in the complaint may be stated as fallows: That on 19.07.2007 at Government Hospital Sidlghatta the OP had arranged for free Eye Checking and Eye Camp. The complainant attended that eye camp and she was advised to get her right eye cataract duly removed and she was operated at Mahaveer Eye Hospital, Bangalore on 20.07.2007 and later she was discharged stating that the operation was success. It is alleged that the complainant instead of getting vision in her right eye, became totally blind in her right eye. <br /> <br /> It is alleged that the complainant lost sight in her right eye due to the reckless and negligent operation conducted by the doctors of OP. She filed the complaint after issuing a notice and receiving reply denying any fault on the part of OP. <br /> <br /> 3. The OP remained absent though served with notice on complaint sent by this Forum under RPAD.<br /> <br /> 4. The complainant filed affidavit and documents in support of averments made in the complaint. We heard the learned counsel for complainant and perused the records. <br /> <br /> 5. After considering the facts of the case, we think the complainant cannot be granted any relief by this Forum for the reason that the service rendered was free of charge. <br /> <br /> The complainant does not say that she paid or promised any consideration for the service rendered by OP. On the other hand it is alleged that OP had arranged free eye checking and eye camp. The <br /> <br /> CC No.15/2008<br /> documents produced show that the treatment to be given in the eye camp was free of charge. In the reply notice, OP has stated that nothing was charged for the treatment and all the expenses were borne by it. <br /> <br /> On consideration of the definition of “Consumer” and “Service” as defined in C.P. Act 1986, one has to say that the complainant does not fall within the meaning of the definition of “Consumer” as the service render was free of charge. The learned counsel for complainant could not point out any decision in support of complainant. We think the remedy of the complainant if any is before Civil Court, but not before this Forum. <br /> <br /> 6. Hence we pass the following:<br /> O R D E R<br /> The complaint is dismissed. Parties shall bear their own costs.<br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 4th day of September 2008.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />