NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. A. P. SAHI, PRESIDENT, MR. BHARATKUMAR PANDYA, MEMBER
SMT. SARABJEET KAUR – Appellant
Versus
DIRECTOR GENERAL OF MEDICAL SERVICE ARMY – Respondent
The legal document clearly establishes that services provided by military hospitals to armed forces personnel and their dependents, which are rendered free of charge, are excluded from the scope of the Consumer Protection Act. This exclusion is based on the specific provisions within the Act that define "service" and explicitly state that services rendered free of charge do not fall within its ambit (!) (!) .
The core reasoning is that since the services are provided without any consideration or payment, they do not constitute "service" as understood under the Act, and therefore, complaints related to deficiencies or negligence in such services are not maintainable under the Consumer Protection Act (!) (!) .
Furthermore, the legal interpretation emphasizes that the protection of consumer rights under the Act is intended for services where consideration is involved or where there is an element of payment, whether direct or indirect. Services that are entirely free, especially those provided by government or military institutions as part of their official duty, are outside the Act’s jurisdiction (!) (!) .
In conclusion, the legal position reaffirmed by the court is that complaints against military hospitals for alleged medical negligence cannot be entertained under the Consumer Protection Act when the services in question are provided free of charge, as such hospitals are specifically excluded from the Act’s scope (!) (!) . The case was ultimately dismissed on this ground, emphasizing that the statutory framework does not extend consumer protection to free services rendered by military hospitals.
| Table of Content |
|---|
| 1. allegation of medical negligence due to military hospital treatment. (Para 1) |
| 2. discussion on the legal distinction of services concerning military hospitals. (Para 2 , 3) |
| 3. court's finding on the provision of free services by military hospitals. (Para 6 , 7) |
| 4. legal reasoning on the case's maintainability under consumer protection. (Para 8) |
| 5. final judgment regarding the complaint's status. (Para 9) |
ORDER
1. The present complaint has been filed by the dependent of a member of the armed forces alleging medical negligence in respect of the treatment rendered to her. She alleges that the sufferance caused was on account of the deficiencies and negligence of the hospital in treating her that resulted in the birth of a girl child with severe deformities. The allegation is that during the complainant’s pregnancy period, the diagnosis and the tests as well as the procedures that were to be conducted during the respective trimesters of pregnancy, were overlooked by the opposite parties No.3 & 4, the Radiologists of the Military Hospital, Jalandhar Cantt.
2. Before proceeding with the complaint we had made an enquiry on 10.06.2025 from Mr. Tiwari, learned counsel about the
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