MAHAVEER PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986") has been filed by the appellant against the order dated 9.12.1996 passed by the learned District Forum, Churu in Case No. 599/1996 by which the complaint of the appellant -complainant was dismissed.

(2.) IT may be stated here that on 9.8.1996, the complainant -appellant filed a complaint under Section 12 of the Act of 1986 before the District Forum, Churu stating inter alia that on 15.1.1994, his wife Heera (hereinafter referred to as "the deceased") was operated for sterilization by the respondent Nos. 4 and 5, Medical Officers in Government Referral Hospital, Sadulpur under family planning scheme. It was further stated in the complaint that prior to operation, no consent was taken by the respondents and, furthermore, requisite formalities and necessary investigations were also not got done by the respondents, as a result of which, deceased had died on the operation table and according to the complainant -appellant, that was due to negligence of the doctors (respondent Nos. 4 and 5), who conducted the operation. A criminal case was also lodged, but no result was found. Hence, present complaint.

(3.) A reply was filed by the respondents and their case was that since the operation was done in the Government hospital by the Government doctors without charging any fee, therefore, the complainant -appellant was not a consumer within the meaning of Section 2(1)(d) of the Act of 1986. Hence, the present complaint was not maintainable as no consideration was passed in that case. Apart from this, after the death of deceased, Rs. 20,000 were taken by the complainant -appellant as ex gratia payment.