Correct Option
The correct option is 2 only.
Explanation
The question addresses the legal accountability of healthcare providers under the Consumer Protection Act (CPA). The interpretation of "service" within the Act determines whether medical professionals and government institutions can be held liable for negligence in consumer forums.
Statement-wise Analysis
- Statement 1 is Incorrect. The Right to Safety is a fundamental consumer right protecting individuals against goods and services hazardous to life and property. This right is applicable to the healthcare sector, mandating that medical services adhere to safety norms and standards.
- Statement 2 is Correct. The Supreme Court of India, in the landmark judgment Indian Medical Association v. V.P. Shantha (1995), declared that medical services rendered by doctors or hospitals for a fee fall within the ambit of "service" under the Consumer Protection Act. Consequently, patients can file complaints regarding medical negligence in Consumer Commissions.
- Statement 3 is Incorrect. The government is not granted blanket immunity. While services provided completely free of charge to all patients in government hospitals are excluded from the CPA, government hospitals that charge fees (even if they treat some patients for free) are liable under the Act. Additionally, negligence in government hospitals can be challenged under other legal frameworks, such as Tort Law or Writ Jurisdiction.
Key Takeaway
Medical services are covered under the Consumer Protection Act provided they are not rendered free of charge. This inclusion empowers patients to seek legal remedy and compensation for medical negligence and deficiency in service.