RAM GOPAL YADAV Vs. PUSHKAR ANAND

JUDGEMENT

(1.) The facts in brief are that the complainant, Shri Ram Gopal Yadav, a Pradhan of Gram Sabha Ruripura, ( herein referred as "Patient") met with a road accident on 3.7.1999 and suffered injuries to the left leg. He was admitted in District Hospital, Hamirpur at 5.30 p.m. The duty doctor, Dr. R. S. Gupta attended and sent the information to OP No 1/Dr. P. N. Arya, who came after two hours. OP 1 referred the complainant to OP 2. The complainant alleged that, the OPs did not treat him carefully and due to negligence, he lost his left leg. Therefore, he filed a complaint bearing No. 12 of 2000 before the District Forum, Hamirpur.

(2.) The District Forum, Hamirpur dismissed the complaint on the basis that services of Government doctors are free of cost, which are not within the definition of Section 2(i)((o) of the Consumer Protection Act, 1986. Subsequently, the complainant preferred First appeal No. 538 of 2007 before the Uttar Pradesh State Commission, Lucknow, which was also dismissed on 7.8.2014. Hence, aggrieved by the order of State Commission, the complainant filed this revision petition.

(3.) There is delay of 18 days in filing this revision petition. We condone this short delay after perusing the application for condonation of delay. At the admission stage, the Petitioner/Complainant appeared in person and submitted his written arguments.