Military Hospital Services Provided Free Of Charge Not Covered Under Consumer Protection Act: NCDRC

The National Consumer Disputes Redressal Commission, comprising Mr. Justice A.P. Sahi (President) and Mr. Bharatkumar Pandya (Member), held that medical services rendered by Military Hospitals are provided entirely free of charge to armed forces personnel and their dependents, and therefore fall outside the ambit of “service” under the Consumer Protection Act. On this ground, the Commission dismissed the complaint as not maintainable. Brief Facts of the Case: The complainant, Smt. Sarabjeet Kaur, alleged medical negligence during her pregnancy while receiving treatment at the Military Hospital, Jalandhar Cantt. She stated that the attending Radiologists (Opposite Party Nos. 3 and 4) failed to conduct essential prenatal diagnostic tests and screenings at various stages of her pregnancy, resulting in the birth of her child with severe congenital deformities. She approached the NCDRC seeking compensation for the suffering, trauma, and long-term medical expenses arising from her child's condition and prayed that the Opposite Parties be held liable for failing to perform mandatory prenatal procedures. Contentions of the Complainant: The complainant reiterated that Opposite Party Nos. 3 and 4—both Radiologists—were negligent in performing essential prenatal diagnostic procedures, depriving her of timely medical information and resulting in grave congenital deformities in the newborn. She claimed severe emotional, physical, and financial hardship as a consequence. As the proceedings progressed, the Commission confined the hearing to the issue of maintainability, directing the complainant to produce material demonstrating payment, contribution, or any statutory deduction for availing medical services at the Military Hospital. The complainant's counsel admitted that no such material existed. Observation and Decision of the Commission: Noting that Military Hospitals render medical services completely free of charge to armed forces personnel and their dependents, the Commission held that the complainant did not satisfy the definition of a “consumer” under Section 2(42) of the Consumer Protection Act, 2019. Relying on the three-Judge Bench decision in Indian Medical Association v. V.P. Shantha (1995), the Commission reiterated that where services are rendered entirely free of charge, such services fall outside the purview of the Consumer Protection Act. The Commission also referred to para 55(9) of the Shantha judgment, which expressly excludes government hospitals providing free treatment to all from the Act's ambit. The Commission reiterated that under Section 2(42) of the Consumer Protection Act, a person can qualify as a 'consumer' only when the services are hired or availed for consideration. It noted that courts have, in earlier decisions, recognised exceptions in cases where consideration is indirectly paid through statutory contributions, insurance schemes or employment benefits. However, since Military Hospitals provide treatment entirely free of charge and without any such contributory mechanism, the complainant cannot fall within the definition of 'consumer Holding the complaint not maintainable, the NCDRC dismissed it, while leaving the complainant at liberty to seek remedies before any other appropriate forum. Case Title: Smt. Sarabjeet Kaur vs. Military Hospital, Jalandhar Cantt. & Ors. Case No.: DIARY CASE NO. NC/DN/80/2025 Click Here To Read/Download Order

Military Hospital Services Provided Free Of Charge Not Covered Under Consumer Protection Act: NCDRC

Praveen Mishra

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