Consumer Protection Act, 1986:
s. 2(1)(o) – Medical negligence – Complaint – Against a private hospital and a Government hospital – District Consumer Forum dismissed the complaint against the private hospital while as against the Government hospital held that it was not maintainable as the treatment was offered free of cost – State Consumer Commission held the private hospital guilty of negligence and directed it to pay compensation of Rs. 2 lakhs – As regards Government Hospital, State Commission held that complaint was not maintainable against it, but it was guilty of negligence – National Consumer Commission in the Revision Petition filed by the private hospital held that it was not guilty of negligence – As regards Government hospital, National Commission held that finding of State Commission that the hospital was not amenable to jurisdiction of consumer fora was contrary to decision in Indian Medical Association case and holding that the hospital was guilty of medical negligence directed it to pay compensation of Rs. 2 lakhs – Appeal to Supreme Court – Held: As regards the question of jurisdiction of consumer fora against the Government hospital, in absence of factual foundation in the pleadings and evidence, the question is left open – National Commission by reversing the finding on maintainability of the complaint against the Government hospital in a Revision Petition filed by the private hospital, exercised the powers conferred on an appellate Court under Order XLI Rule 33 CPC – The question whether the National Commission could exercise such powers in exercise of its Revisional jurisdiction is also left open – However, the judgment of National Commission is affirmed on the ground that quantum of the compensation is small enough to attract interference of Supreme Court – The judgment of National Commission or this judgment not to be regarded as precedent – Appeal dismissed.
Indian Medical Association v. V.P. Shantha (1995) 6 SCC 651 : [1995] 5 Suppl. SCR 110 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.