DAYA Vs. ROHIT GOEL

JUDGEMENT

(1.) This is a complaint case filed by Smt. Daya claiming damages and compensation amounting to Rs.17,50,000/- and interest of 24% per annum alongwith cost of Rs.7,500/-.

(2.) The facts which need to be mentioned for the purpose of deciding the jurisdiction are that late Ram Gopal Singh was admitted in the G. M. and Associated Hospitals in the Orthopaedics department for his treament on 8.6.1998. He was admitted after being injured at his residence. It is alleged that the complainant was operated upon without the consent of the family members at about 11.30 and after this he was transferred to ICU from the Operation Theatre. Ultimately he died on 12.6.1998 at 1.30 a. m. According to her, there was negligence of the doctors in treatment of her husband on account of which he died.

(3.) Learned Counsel for the complainant was asked to show as to how the complainant could continue this complaint in the face of the judgment of the Hon'ble Supreme Court in the case of Indian Medical Council V/s. V. P. Shantha, 1995 3 CPJ 1, in which it has been decided that if a service is rendered free, then the case cannot be covered under the Consumer Protection Act. According to learned Counsel, in G. M. and Associated Hospitals free service is also given to the patients who are admitted to private wards. Learned Counsel has on behalf of the complainant, failed to show that payment is also made at G. M. and Associated Hospitals for treatment of patients because there is no evidence on record to prove this fact.