Haryana

StateCommission

A/941/2014

Harbans Singh Bali - Complainant(s)

Versus

Dr. B.S. Gaba - Opp.Party(s)

31 Oct 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :    941 of 2014

Date of Institution:    16.10.2014

Date of Decision :     31.10.2016

 

Harbans Singh Bali s/o Hav. Gulab Singh, Resident of House No.4, Rajhdhani Colony, Tejli Road, Yamuna Nagar.

                                      Appellant-Complainant

Versus

1.      Dr. B.S. Gaba, Gaba Hospital, near Laxmi Narayan Mandir, Bypass Road, Village Gobindpuri, Tehsil Jagadhri, District Yamuna Nagar.

2.      Dr. Pawan Suri, Grecian Super Specialty Hospital, Sector-69, SAS Nagar, Mohali, Punjab.

                                      Respondents-Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

 

Argued by:          Shri G.L. Sharma, Advocate for appellant.

Dr. (Brig.) B.K. Taneja-representative for respondent No.1.

None for respondent No.2.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

           This complainant’s appeal is directed against the order dated 15^th April, 2014 passed by District Consumer Disputes Redressal Forum, Yamuna Nagar (for short ‘the District Forum’), whereby complaint was dismissed. For facilitation, the operative part of the order is reproduced as under:-

“7.     Without going into the merits of the case, we have come to the conclusion that OP No.1 could not be proved negligent as per expert opinion tendered by the committee constituted by the Civil Surgeon, Yamuna Nagar. On the basis of report of expert opinion and cross examination, the respondent No.1 has been discharged by the District Forum on 5.10.2011. The complainant also moved an application on 14.12.2012 to summon Dr. B.S. Gaba as witness and Dr. B.S. Gaba appeared as witness on 7.5.2013 and got recorded his statement separately. When the OP No.1 has appeared as witness then no cause of action arises in the territorial jurisdiction of Yamuna Nagar against the respondent No.2 as no branch office of the respondent No.2 is either situated or working for gain. Hence the present complaint is not maintainable against the OP No.2 on account of territorial jurisdiction of this Forum. The above cited judgment is fully applicable in the present case. The complainant has written a complaint Annexure C-3 before Station Commander Station Cell HQs PH & HP (I) Sub Area Ambala Cantt (Hr.) against OP No.2 as per Annexure C-3 results of which are not known to this Forum. Moreover, the complaint lacks on account of misjoinder of parties as stated by OP No.2 in his written statement and written arguments. Hence, we find no merit in the present complaint and the same is hereby dismissed on the point of territorial jurisdiction against Op No.2. The complainant is at liberty to file his complaint in the appropriate court/Forum and he would be entitled to the benefit of provision of section 14(2) of the Limitation Act for the period during which proceeding under the Consumer Protection Act remained pending before this Forum.”      

2.                Harbans Singh Bali-complainant/appellant, filed complaint under Section 12 of the Consumer Protection Act, 1986 averring that her mother fell ill; she was admitted in Gaba Hospital Yamuna Nagar-Opposite Party No.1 on 3^rd November, 2009 and after treatment she was discharged on 11^th November, 2009 with advice to take treatment from Military Hospital, she being the wife of Military Personnel. It was alleged that during the period she remained admitted in Gaba Hospital, the treating doctors did not give proper treatment to the patient. Thereafter, the patient was admitted in Grecian Super-Specialty Hospital, SAS Nagar, Mohali, where she died. Thus, alleging medical negligence and deficiency in service on the part of the opposite parties-respondent, the complainant filed the complaint.

3.                Since, in the complaint there was specific allegations of negligence against the opposite party No.1 – Dr. B.S. Gaba, Gaba Hospital, Yamuna Nagar, where the patient received treatment initially and also against Grecian Super-Specialty, Mohali, where later treatment was received, against whom also the allegations were of negligence. The factum of negligence has to be proved by way of evidence which is a later stage. Since there are specific allegations against the opposite party No.1 – Dr. B.S. Gaba, who treated the patient at Yamuna Nagar, therefore, part of cause of action had arisen at Yamuna Nagar. Consequently, the District Forum, Yamuna Nagar has jurisdiction to entertain and decide the complaint.

4.                Since, the complaint was not decided on merits, therefore, the case is remitted to the District Forum, Yamuna Nagar to decide it afresh after giving opportunity to the parties to lead evidence.

 

Announced: 31.10.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL