Order No. 3 date: 05-08-2015

Sri Debasis Bhattacharya

This day is fixed for passing order in respect of admissibility of the instant complaint case.

Ld. Advocate for the Complainant has submitted that he is compelled to file the instant complaint case over gross negligent act of the OP No. 4 because of which children of the Complainant, including self, sustained severe burn injuries when their gas burner kept in the kitchen caught fire.  Insofar as pecuniary or territorial jurisdiction of this Commission or limitation aspect is concerned, the complaint case meets all the criteria.  Therefore, the instant complaint case has rightly been filed before this Commission and it be admitted.

We have carefully gone through the materials on record.  There is no infirmity with the present complaint case insofar as territorial jurisdiction is concerned.  Also, the alleged cause of accident being taken place on 09-01-2015, the same has been filed well within the period of limitation as set out under the 1986 Act. 

It transpires from the petition of complaint that the Complainant had to incur expenditure for a sum of Rs. 54,181/- for the treatment of his son and Rs. 28,860/- on account of the treatment of his daughter, i.e., Rs. 83,041/- in total.  The Complainant has claimed Rs. 83,041/- as medical cost.  That apart, he has claimed a compensation to the tune of Rs. 45,00,000/- and litigation cost for a sum of Rs. 50,000/-.

It also transpires from the Discharge Certificate dated 14-01-2015, issued by Barrackpore Medicare & Recovery Centre that the daughter of the Complainant got admitted at the said medicare centre on 09-01-2015.  The patient was provisionally diagnosed as “mixed thermal burn – 20% body surface area”.  She was released from the said hospital in clinically stable condition on 14-01-2015.

The son of the Complainant also got treated at the said hospital.  From the discharge certificate dated 19-01-2015, it transpires that the patient was admitted overthere on 09-01-2015 and as per provisional diagnosis, he suffered 15% accidental burn injury over face, both hands etc. and at the time of release from the said hospital on 19-01-2015, his recovery was satisfactory. 

Despite our fully sympathy to the victims who suffered burn injury, we are of view that while quantifying the extent of compensation, a consumer should be realistic in his approach. It is futile to expect that an adjudicator would be swayed by the sheer volume of compensation claimed by a party.   Staking exorbitant compensation is no recipe to get higher compensatory award from a Court of Law.  On the contrary, it casts a shadow of doubt in the mind of the adjudicator about the real motive of a litigant.

Significantly, the Complainant has not given any break up in respect of his claim for a sum of Rs. 45,00,000/- on account of compensation. In our considered opinion, the extent of injury suffered by the children of the Complainant, medical expenditure incurred thereof and the mental pain, agony and stress suffered by the victims and their family members on this score do not justify such whooping claim of compensation of a sum of Rs. 45,00,000/-.  The Complainant could have easily agitated his case before the Ld. District Forum, which to our mind, is the proper forum to adjudicate the instant case.

The Hon’ble National in the matter of Indrani Chatterjee & Anr. vs. AMRI Hospitals, reported in 2014 (4) CPR 681 (NC) opined that, “…. where ex-facie the claim made appears to be unusually high without any basis, as per case set up in the complaint, a Consumer Fora would be justified in declining to admit the Complaint….”

In the light of our foregoing discussion, as also the decision of Hon’ble National Commission referred to above, we are not inclined to admit this case.

As such, the instant complaint case stands dismissed being not maintainable.  However, the Complainant is at liberty to approach the Ld. District Forum having proper jurisdiction to try this case, if he so desires, after making suitable amendment of the complaint.