https://www.taxtmi.com/caselaws?id=159436 Medical treatment provided by an ESI hospital or dispensary is not gratuitous where it is financed through a compulsory insurance scheme funded by employer and employee contributions, so it falls within "service" under the Consumer Protection Act, 1986. A claim for damages based on alleged medical negligence is not a dispute confined to statutory benefits or contribution matters under the Employees' State Insurance Act, 1948, and Sections 74 and 75 do not expressly oust consumer jurisdiction. The consumer forum therefore remains competent to entertain the complaint, and the dispute must be adjudicated under consumer law. en-us Tue, 08 May 2007 00:00:00 +0530 Thu, 09 May 2019 11:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159436 Medical treatment provided by an ESI hospital or dispensary is not gratuitous where it is financed through a compulsory insurance scheme funded by employer and employee contributions, so it falls within "service" under the Consumer Protection Act, 1986. A claim for damages based on alleged medical negligence is not a dispute confined to statutory benefits or contribution matters under the Employees' State Insurance Act, 1948, and Sections 74 and 75 do not expressly oust consumer jurisdiction. The consumer forum therefore remains competent to entertain the complaint, and the dispute must be adjudicated under consumer law. Case-Laws Indian Laws Tue, 08 May 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159436