ESI patients bathroom seek recompense As repoted in Deccan Herald Friday, may 11, 2007 New Delhi, PTI: In a satisfying ruling, the Supreme judicatory has held that persons table functioning of manipulation in ESI (Employee State Insurance) hospitals/dispensaries can seek compensation to a lower place the Consumer Protection conduct for ridiculous treatment or unseasonable service. A patient or his dependent family members, who avail of treatment in ESI hospitals/dispensaries, atomic numeral 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 home(a) Consumer Disputes Redressal Commission (NCDRC) wh ich 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 afterward the State Consumer Forum and NCDRC dismissed his claim on the ground 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 t he ESI was not motivated by profit as the se! rvice 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 exam treatment for self and dependent family members, the service rendered by the damages hospitals/dispensaries cannot be construed as free of pip to seek electrical resistance from the act. Accordingly, the court...If you want to get a profuse essay, order it on our website:
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