Dear Friends,
I have just to-day become a Registered Member of this Forum. On going through the writings about the benefits of WBHS and the Consumer Protection Act I would like place one thing that the term “Service” has clearly been defined under Section 2(1)(o) of Consumer Protection Act based on that point it is crystal clear WB Health Scheme enrolled employees/ Pensioners/ Family Pensioners are the potential consumer of service in respect of treatments; because the treatment availed of by them is paid treatment. So the service under WB Health Scheme/or in Govt Hospital as per G.O. of 1964 is not free of charge service or a service under personal contract. So in case of WB Health Scheme if any deficiency is occurred on the part Govt in rendering the service to the members of WBHS that definitely come under C.P Act. But in case of any fault and malpractice on the part of treating hospitals Govt cannot be held responsible for that. However, in that case govt need to be approached for justifiable remedy but in case of its failure it will definitely be conjointly held responsible under C.P. Act.
With regards,
Alok Mukherjee
I agree Alok sahib with your considered view and legal understandings. The best to improve the situation will be to impress upon the government to expedite the cases of those nature which require implant or are done out of W.B or the pensioners who live out of West Bengal but get their treatment done at the hospitals not empanelled under WBHS. Many pensioners are living with their children out of W.B i.e in Patna,Delhi, Bangalore and Pune etc. In such cases their permission for urgent treatment should be expedited and also in emergency cases.
