As repoted in Deccan Herald Friday, whitethorn 11, 2007
New Delhi, PTI:
In a significant ruling, the Supreme judicatory has held that persons table functioning of treatment in ESI (Employee State Insurance) hospitals/dispensaries can seek compensation under the Consumer Protection Act for poor treatment or improper service.
A patient or his dependent family members, who avail of treatment in ESI hospitals/dispensaries, atomic number 18 consumers within the ambit of incision 2(1)(d) of the Consumer Protection Act and hence entitled to compensation, a three-member judiciary has ruled. The ruling is significant as lakhs of employees in the country are covered under the ESI scheme sway by the Government. The patio comprising Justices B N Agrawal, P P Naolekar and Dalveer Bhandari passed the order composition upholding an appeal filed against the National Consumer Disputes Redressal Commission (NCDRC) which had held that a ESI beneficiary was not entitled to any compensation since he/she was not a consumer.
Appellant Kishore Lal had filed a compensation advance before the partition Consumer Forum, Sonepat in Haryana alleging that the health of his wife who was suffering from diabetes deteriorated drastically ascribable to negligence and improper medication given by the ESI doctors.
However, the regularise forum and later the State Consumer Forum and NCDRC dismissed his claim on the grounds that treatment under the Government run ESI scheme did not come under the purview of the Consumer Act.
The condition cited by the consumer forums was that the treatment rendered by the ESI was not motivated by profit as the service rendered was gratutious in nature. Rejecting the reasoning, the Apex administration held that since under the ESI scheme, the employee bears the expenses of medical treatment for self and dependent family members, the service rendered by the insurance hospitals/dispensaries cannot be construed as free of pip to seek immunity from the act. Accordingly, the court...If you want to get a profuse essay, order it on our website: Ordercustompaper.com
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