Consumer Commission grants relief to Doctor, Nurse after 16 years, slams District forum's 'obnoxious' order
Hyderabad: Exonerating a Government doctor and nurse from the charges of medical negligence and carelessness after long 16 years, the Telangana State Consumer Disputes Redressal Commission recently clarified that the doctors and staff of Government hospital, where no kinds of fees are collected from the patients, cannot be held guilty of medical negligence under the jurisdiction of the consumer protection act.
The District Forum had allowed the complaint on the basis of the contention that the parents of the complainant were legal taxpayers. However, referring to such observations made by the District Consumer Court as "obnoxious", the State Commission set aside the order of the District Forum and noted, "The observations of the District Forum that since the citizens pay taxes to the Government and the Government is running the hospital, they are liable, is obnoxious."
Referring to the fact that in this particular case, the appellants are Government doctor and nurse working in a Government Hospital, the Commission further observed, "No consideration was paid by the first Respondent/Complainant for the treatment. There are catena of authorities which clearly say that, in the absence of there being any consideration, the Opposite Parties are not liable to pay any compensation under the provisions of Consumer Protection Act. This aspect was extensively discussed by the Commission in FA.No.1/2011 relying upon the judgment of Supreme Court in "Kishorilal Vs. E.S.I. Corporation" II (2007) CPJ 25 (SC), wherein it is clearly laid down and the said dictum is applied to the facts of the present case, the Appellants cannot be made liable for the compensation under the provisions of Consumne Protection Act."
"The remedy of the first Respondent/Complainant for the alleged negligence, if any, lies somewhere else but certainly not before the District Forum constituted under the provisions of Consumer Protection Act," further clarified the Commission.
Noting that contrary to the settled legal position, the District Forum had allowed the complaint and awarded compensation, the State Consumer Court further referred to some observations made by the District Forum which have averted to controversy. The forum had depended on the contention that the parents of the complainant were legitimate tax payers, in order ponder over the point whether the complainant is a consumer or not.
Referring to the observations made by the District Forum, that while considering the remand application the Forum cannot interfere with its previous order, the State Commission noted,
"The observations of the District Forum clearly show that absolutely there is no application of mind by the District Forum in adjudicating the controversy. The District Forum appears to be lacking the knowledge of fundamentals of law while it made the observations in para-8 which are re-produced supra. When the Appellate Court remands back the matter to the Trial Court for fresh adjudication, the Court subsequently deciding the case is required to take independent view of the matter but it cannot be said that since the earlier order was passed before the remand, the same cannot be interfered with, is wholly improper."
Finally, exonerating the doctor and the nurse, the Consumer Court noted,
"Adverting to the merits of the case, we have no hesitation in holding that the first Respondent/Complainant cannot entertain the grievance for the simple that, reason the first Respondent/Complainant was treated in the Government hospital, where no kind of fees was collected either from the Complainant or any other patient. The observations of the District Forum that since the citizens pay taxes to the Government and the Government is running the hospital, they are liable, is obnoxious."
Accordingly, the State Commission set aside the order of the District Forum.
To read the order, click on the link below.
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