VIJI Vs. AMBUJAKSHI

JUDGEMENT

(1.) The writ appeal is filed by the petitioners in the writ petition challenging the judgment of the learned Single Judge in W.P. (C)No.970 of 2022 dtd. 10/2/2022. Appellants are doctors practicing modern medicine.

(2.) Short facts leading to the filing of the writ appeal are as follows: A consumer complaint C.C.No.202/2020 was filed by the 1st respondent u/s 35 of the Consumer Protection Act, 2019 before the District Consumer Disputes Redressal Forum, Kannur against the appellants seeking compensation for medical negligence and deficiency of service on the part of the appellants while treating the complainant/1st respondent resulting allegedly in the loss of sight of the left eye of the 1st respondent.

(3.) On receipt of notice issued from the Consumer Disputes Forum, Kannur the appellants filed I.A.No.92/2020 in C.C.No.202/2020 challenging the maintainability of the complaint, for want of jurisdiction for the District Consumer Forum to entertain the above complaint under the new Consumer Protection Act, 2019 and hence, praying for dismissal of the complaint. The main contention raised in the above I.A is that 'medical services/practice' is not included in the list of services specifically referred to in the inclusive definition of 'service' under Sec. 2 (42) of the Consumer Protection Act, 2019. Thus it was contended that diagnosis and treatment of diseases including surgery of a patient by a medical practitioner is not treated as 'service' in the above definition under the present Act, and hence a dispute between a patient and the treating doctor, alleging medical negligence or deficiency of service in respect of the treatment cannot be brought within the purview, scope and ambit of the expression 'service', defined under Sec. 2 (42) of the Consumer Protection Act, 2019. After hearing rival parties, the District Consumer Forum dismissed the above I.A. The said order was challenged by the appellants by filing a Revision before the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram, however the same was also dismissed.