The consumer dispute redressal commission refused to entertain a complaint against the civil hospital and its doctors for deficiency in service.

The commission said that hospital cannot be sued for deficiency in service after availing free treatment.

The doctors had forgotten an instrument- scissors inside the stomach of the patient after a surgery.

The complainant had alleged that the doctors showed negligence and deficiency in service, and claimed Rs 85 lakh in compensation.

The commission said, “Even the payment of token charge will not be treated as ‘consideration’ to fall it within the scope of service. The record shows that the patient was given treatment at civil hospital, Ahmedabad, and it is free service because no record shows that complainant has paid any fees. Thus, when the ‘treatment’ rendered to patient is not ‘service’ the complainant is not a ‘consumer’.

While rejecting the complaint, the consumer said that it has no competent jurisdiction for adjudication of the complaint.