RAJASTHAN STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, JAIPUR
Hon’ble Mr. Justice Navin Chandra Sharma, President &
Mrs. Firoza Bano, Member
TREASURY OFFICER & MEMBER SECRETARY, PENSIONER
MEDICAL FUND & ORS.—Petitioners
versus
G.K. JOSHI—Respondent
Revision No. 11 of 1993—Decided on 3.5.1995

Headnote:Consumer Protection Act, 1986 - Section 2(1)(d) - Consumer - Rajasthan State Pensioners Medical Concession Scheme - Free supply of medicines to State pensioners who are treated as outdoor and indoor patients at a Government Hospital/Clinic/Dispensary etc. Policy decision of Government regulating monetary limit - Challenged- Whether pensioners are consumers u/s 2(d)? - (Yes) - Regular monthly contribution made by him, while in service, does constitute a consideration for service to be rendered after his retirement, by way of supply of medicines free of charge.

       Held: The Rajasthan State Pensioners Medical Concession Scheme envisages not only for medical attendance and free accommodation in Government Hospitals, Dispensaries and Sanitorium etc., but also supply of allopathic drugs and medicines, not ordinarily available in Government Hospitals, free of charge from medical shops/stores recognized under the Scheme. This is quite clear from clause 4(ii)(6) of the Scheme. With effect from 1-7-1991 onwards, there was to be no monetary limit for supply of medicines free of charge in accordance with the provisions contained in the Scheme. With a view to provide free supply of medicines to the State Pensioners, who are treated as out-door and indoor patients at a Government Hospital, Dispensary etc., the Rajasthan Pensioners Medical Fund has been constituted. All existing Government Servants whether temporary or permanent, are required to pay monthly subscription at the prescribed rates during their entire tenure of service. This is the consideration which a Government servant has to pay to get the benefit of free supply of medicines after his retirement.. In lieu of payment of the monthly subscription to the Fund by Government servants, the State Government grants to Government servants after their retirement, the benefit of free medicines when they are treated as out-door or indoor patients. The contention advanced by the learned counsel for the petitioners that the monthly contributions which were realised from the complainant, while in service, were for making the facility of supply of free medicines to pensioners generally and not to the complainant alone. Suffice it to state that not only the complainant, but all Government servants, while in service, have to contribute monthly subscription at the prescribed rate to Rajasthan Pensioners Medical Fund and it is in lieu of this subscription thin all these Government servants including the complainant, becomes entitled to the benefit of free supply of medicine from out of the amount in the Fund in connection with their treatment. The making of monthly contribution, while in service, is necessary for each Government servant to get the above benefit after retirement. Thus the opposite parties were rendering this service to all State Government Pensioners including to the complainant for consideration. Consideration was received whilst the Government servant was in service and service to him was to be rendered after his retirement. It may also be mentioned that when a Government servant is in service, then also he is entitled to be re-imbursed for the cost of medicines purchased by him in connection with his treatment as indoor or out-door patient of a Government hospital during the tenure of his service under and in accordance with the Rajasthan civil Services (Medical Attendance) Rules but this benefit he gets without paying any consideration whatsoever. However a retired Government servant gets this benefit in lieu of the monthly subscriptions paid by him while in service. That makes the crucial difference in the above-mentioned two situations. (Para 17)

       Further Held: It is thus clear that so far as the special benefit and facility of supply of free medicines to a retired Government servant (pensioner) is concerned, the regular monthly contribution made by him, while in service, does constitute a consideration for the service to be rendered after his retirement, by way of supply of medicines free of charge which are needed by him in connection with his treatment - whether as an outdoor patient or an indoor patient.

       Clearly therefore, a pensioner who avails of the facility of free supply of medicines under the Rajasthan State Pensioners Medical Concessions Schemes by making monthly contributions at the rate prescribed, while in service, has hired the services in exchange for the contribution i.e. for consideration, and is, therefore, a consumer within the meaning assigned to the term by section 2(1)(d) of the Consumer Protection Act, 1986. (Paras 19 & 20)

       Result: Revision dismissed.

       IMPORTANT POINT

       A pensioner who avails of the facility of free supply of medicines under the Rajasthan State Pensioners Medical Concessions Scheme by making monthly contributions at the rate prescribed while in service has hired the services in exchange for the contribution i.e. for consideration and is therefore, a consumer within the meaning assigned to the term by section 2(1)(d) of the Consumer Protection Act, 1986.