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Kumar (student)     16 December 2008

State Commission reversed the decision of District Forum

Rajesh took his son naresh aged 16yrs brillant student studying intermediate to the hospital.that hospital provided free treatment to naresh because of the poorness of rajesh.
the doctor gave treatment with out sufficient enesthicia to the patient &oxygen was also not avilable in the hospital.Nurse didnt attened him.it resulted in brain damage to naresh.
rajesh & naresh filed a complaint beforedistrict forum.the district forum awarded 2 lakhs to 5 lakhs.respectively on appeal to state commission which reversed the decision of district forum.it came before the siddhartha moot court by way of review.
Argue against the plaintiff[rajesh]



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 3 Replies

m.v.n.moorty (advocate)     16 December 2008

free treatment is not commercial services, it's does not comes under provisions of consumer protection act.

sudha bala (law based)     17 December 2008

sometimes may happen like this ,so  better to file in tthe conditions under PIL ,in the high court , u should get justice. but u should file all the necesary documents and  facts of the case before court.

Murali Krishna (Govt..Employee)     17 December 2008

Free service doesnot come under consumer protection Act as said by a 5 member bench of Supreme Court in IMA Vs. V.P.Shanta. Hence, there is no infirmity in State Commission's order.


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