Dr. Prem Lal, Chief Medical Officer, Haridwar is present in person.

This revision petition has been filed by Dr. Prem Lal, praying that the order of non-bailable warrant dated 17.10.2018 passed against him in consumer complaint No. 587 of 2016 pending in District Forum, Haridwar, be set aside and the revision petition be allowed.  It has been submitted that the order impugned is against law and not sustainable at all.

Perusal of the record reveals that the consumer complaint was filed before the District Consumer Disputes Redressal Forum, Haridwar on 09.12.2016.  Chief Medical Officer, Haridwar (by designation) was arrayed as opposite party in the consumer complaint.  The lady – complainant got her sterilization operation done on 09.02.2012 at Bahadrabad Community Health Centre, District Haridwar.  The operation proved failure and for that reason, she moved against the Chief Medical Officer, Haridwar for seeking compensation in the matter.

Perusal of the record further reveals that the consumer complaint was fixed for ex-parte hearing since 23.05.2017.  Thereafter, several dates were fixed by the District Forum for hearing ex-parte arguments.  On 11.07.2018, the District Forum passed an order to the effect that notice be issued against the Chief Medical Officer, Haridwar for personal appearance.  On 17.10.2018, neither the complainant did turn up, nor her counsel attended the District Forum.  Order of non-bailable warrant was passed against Chief Medical Officer, Haridwar, returnable by 02.11.2018.  Feeling aggrieved, the revisionist filed the revision petition.

It transpires from the record that the consumer complaint was fixed for ex-parte hearing.  It was the bounden duty of the District Forum to dispose of the matter on ex-parte basis.  The procedure of consumer complaint is expressly governed by the provisions of Section 12, 13 and 14 of the Consumer Protection Act, 1986.  These provisions nowhere authorise the District Forum to pass orders of non-bailable warrant against either of the parties.  As per law, the District Forum could draw presumptions against the party responsible for default.  There was no justification to issue orders of non-bailable warrant against Chief Medical Officer concerned.  It is also worth to observe that no name of the doctor has been mentioned in the consumer complaint in respect of the alleged medical negligence.  Dr. Prem Lal deposed that he is holding additional charge of Chief Medical Officer, Haridwar since 11.09.2018.

In view of the aforesaid circumstances, it was not at all desirable on the part of the District Forum to issue     non-bailable warrant against the Chief Medical Officer concerned.  Accordingly, we are of the definite view that the order impugned dated 17.10.2018 passed by the District Forum is against law and is hereby quashed.  Revision petition is disposed of finally, at the stage of admission itself.