CONSUMER LAW

Querist : Anonymous (Querist) 13 July 2011 This query is : Resolved
A WOMAN IS OPRETED STRILAYSETION IN A GOVT. HOSPITAL IN THE CAMP FREE OF CHARG OPRETION. OPRETION FAIL AFTER 21 MONTH .CAN SHE IS CONSUMER OF HOSPITAL OF GOVT.

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Bhumik Dave (Expert) 13 July 2011
I think she is not comes under the consumer;s definition under the cp act

Guest (Expert) 13 July 2011
CAN SHE IS CONSUMER OF HOSPITAL OF GOVT.?
No ,
As the reason you already mentioned " IN THE CAMP FREE OF CHARG OPRETION. "

Section 2(O)consumer protection act,1986
(o) "service" means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;

Devajyoti Barman (Expert) 13 July 2011
Yes since it was not the paid service the patient was not the consumer though the govt is liable for damages under civil suit.

prabhakar singh (Expert) 14 July 2011
''IN THE CAMP FREE OF CHARG OPERATION'' TAKES THE JURISDICTION OUT CPACT

Advocate Bhartesh goyal (Expert) 14 July 2011
She is not a consumer as she got free of charge services from government hosspital.She can claim damages from govt by filing civil suit.

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