Gajender sharma
(Querist) 24 May 2012
This query is : Resolved
A free medical camp (regarding epilepsy) was held by a reputed hospital and the time of the checkup & distribution of medication was 11 A.M. to 2 P.M. When the patient reached at 1.30 P.M. at the hospital, the doctor was not in the camp. After the inquiry the patient came to know that the doctor left the camp for some work. now the question is that whether the doctor can be held liable for deficiency in services. If yes, refer some case laws.
Guest
(Expert) 24 May 2012
Free medical services is gratuitous and cannot be claimed as a matter of right by any one. The patient has not hired services by making any payment in lieu of that on account of which he could hold the doctor liable for deficiency in service.
Deepak Nair
(Expert) 24 May 2012
The doctor cannot be held liable for deficiency in service. It is to be noted that you are not covered under the definition of Consumer as per the provisions of consumer protection act.
Nadeem Qureshi
(Expert) 24 May 2012
Agree with Mr. Dhingra
V R SHROFF
(Expert) 24 May 2012
the doctor CANNOT be held liable for deficiency in services.
Naresh Kudal
(Expert) 24 May 2012
Where there is no consideration for any service, one can not be held liable for deficiency in services.
Sudhir Kumar, Advocate
(Expert) 25 May 2012
I agree with Mr Dhingra, Mr Qureshi,Mr Nair, Mr Shroff and Mr Kundal.
If such like cases were tenable then every begger outside a temple will sue all residents in consumer court, who do not visit temple or who visit but do not pay alms.
Shonee Kapoor
(Expert) 30 May 2012
Nothing left to be added.
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