Mamta Devi Vs. The Civil Health Centre Kartarpur etc.

Present: Ms Rajinder Kaur, Adv Counsel for the Complainant.

This complaint is filed by the complainant Mamta Devi, through her counsel with the allegations against the OP that she got registered herself with the OP No.1, vide receipt No.223 dated 24.11.2017 and complainant has been regularly appearing for periodical check up before the OPs. On 04.04.2018, the complainant felt labour pain and she rushed to the OP No.1 and where the OP No.2 and 3 were on duty and at that time, OP No.2 and 3 were busy in gossiping with each other and did not attend the complainant. The OPs did not take care of the complainant and even did not provide her any bed. The OP No.2 and 3 did not attend the complainant properly and prescribed some medicines on simple paper and asked the complainant to bring the same from the market and accordingly, the husband of the complainant went to take medicine from the market and the complainant was make to sit about two hours without any treatment and due to the negligence of the OP, the miscarriage of the complainant took place in the compound of the Civil Health Centre Kartarpur and as such, the instant complaint filed with alleging that there is a negligence and carelessness on the part of the OPs and demanded compensation and litigation expenses with interest.

We have heard the learned counsel for the complainant on the question of admission and also gone through the case file.

After considering into the entire matter as elaborated in the complaint, which itself shows that the instant complaint has been filed against the Civil Health Centre, Kartarpur as well as Medical Officer of the said Government Hospital and it is no where alleged by the complainant that she has paid any treatment charges or agree to pay the same, if so then, this complaint of the complainant is not covered under the definition of Section 2(1) (o) of 'The Consumer Protection Act' and as such, the instant complaint is not maintainable and in support of this observation, we like to made reliance upon a judgment of the Hon'ble National Commission, decided in Revision Petition No.4734 of 2012, titled as “Major Singh Vs. State of Punjab and Others”

In view of the above detailed discussion, the instant complaint of the complainant is not maintainable. Therefore, the complaint of the complainant is dismissed, however the complainant is at liberty to file a fresh complaint before the appropriate Court/Tribunal. Copy of the order be supplied to the complainant free of cost, as per Rules. File be consigned to the record room.

Dated Harvimal Dogra Karnail Singh

05.06.2018 Member President