RAJESH SHARMA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Challenge in this Revision Petition, by tire Complainant, is to tire order dated 21.7.2015 passed by the State Consumer Disputes Redressal Commission, Haryana at Panchkula (for short the State Commission ) in FA 293 of 2014. By the impugned order, the State Commission has dismissed the Complaint, which had been filed by the Complainant against the Union of India, Chief of Army Staff and Military Hospital at Ambala Cantt, alleging medical negligence on the part of the hospital, on the ground that since the treatment provided to the deceased was free of charge, the Complainant could not be considered as a consumer within the meaning of the Consumer Protection Act, 1986.

(2.) In view of the authoritative pronouncements by the Honourable Supreme Court in Indian Medical Association Vs. V.P. Shantha and Other, III (1995) CPJ 1 (SC) : 1995 (SLT Soft) 561 : (1995) 6 SCC 651 and Laxman Thamappa Kotgiri Vs. G.M., Central Railway & Ors., II (2005) SLT 387 : 111 (2006) CPJ 6 (SC) : (2007) 4 SCC 596 , we are of the opinion that the Complainant is a consumer and therefore, the State Commission was not justified in dismissing the Complaint.

(3.) Consequently, the Revision Petition is allowed; the impugned order is set aside and the Appeal is restored to the Board of the State Commission for fresh consideration on merits. The parties/their Counsel are directed to appear before the State Commission for further proceedings on 28th Oct., 2016. The Revision Petition stands disposed of in the above terms with no order as to costs. Revision Petition allowed.