PER SHRI. S.M. RATNAKAR – HON’BLE 

1)       By this complaint the Complainants have prayed that the Opposite Parties be directed to pay an amount of Rs.17 Lacs as compensation to the Complainant for not immediately treating the patient and referring the Complainant No.2 to KEM Hospital without any reason.  

2)         

3)       India Institute of Physical Medicine and Rehabilitation.    

4)           

5)                        

6)                 

7)               

8)          

9)         

Shri. Patil, Advocate submitted that the complaint filed by the Complainants in view of the observations in the aforesaid authorities is maintainable and as the Opposite Parties have not provided the required service to the Complainant No.2, the claim made by the Complainants in the complaint is liable to be granted.  

10)                 

11)        In para 56 (9) the Hon’ble Supreme Court have observed as under –

           “Service rendered at a Government hospital/health centre/dispensaries where no charge whatsoever is made from any person availing the services and all patients (rich and poor) are given free service – is outside the purview of the expression “service as defined in Sec.2 (I)(o) of the Act.   

In view of the aforesaid observations and it is the factual position that the Opposite Parties i.e. where the Opposite Party No.1 & 2 are working i.e. AIIPMR is not charging any amount for the services rendered to any of the persons or patients, thus, Complainants ought to have made AIIPMR as necessary party.  

12)              In our view the authorities relied by the Complainants Advocate cited supra are not applicable to the facts of the present case. 

O R D E R

i.                   The Complaint No.29/2011 is dismissed with no order as to cot.

ii.                Certified copies of this order be furnished to the parties.