Assam

StateCommission

CC/8/2014

Mr. Mumit Choudhury - Complainant(s)

Versus

The Director, Apollo Hospitals - Opp.Party(s)

Mr. S.B. Rahman

11 Sep 2014

ORDER

 

BY MR. B.C. MEDHI,

 

 

            Seen and perused the complaint petition. Heard Mr. S.B. Rahman, learned counsel, appearing for the complainant. Also perused petition dated 8-9-2014 filed under section 17(2)(b) of the Consumer Protection Act, 1986.

            The complaint has been filed against -

1. The Director, Apollo Hospitals, 21, Greams Lane, Off Greams Road,

Channai- 6000 006

2. The Director, Christian Medical College, 25, Arcot Road, Near Sathuvachari

IDA Scudder Road, Thottapalayam, Vellore, Tamil Nadu- 632 006

3. The Director, Tata Memorial Centre, Tata Memorial Hospital,

Dr. Ernest Borges Marg, Parel, Mumbai, India, Pin- 400012

            The patient was treated first at Christian Medical College, Vellore and then at Apollo Hospital, Chennai. Their diagnosis report was reported to be not correct by the opposite party no. 3, Tata Memorial Hospital, Mumbai. The grievance of the complainant was that there was wrong diagnosis of the patient by the opposite party nos. 1 and 2.

            C.M.C., Vellore,  has no hospital in the State of Assam or any Branch Hospital or Diagnosis Center. Apollo Hospital has also no Hospital or Diagnosis Center or any kind of treatment center here in the State of Assam. Same is the position with Tata Memorial Hospital, Mumbai.

            May be, one Information Center of Apollo Hospital, Chennai, is here at Guwahati. May be some doctors may come and sit there or any other Hospitals at Guwahati. That does not bring the case within the jurisdiction of the State of Assam.

            Learned counsel appearing for the complainant has led us through the judgment of the National Commission reported in I (2014) CPJ 302 (NC) in the case of Melanie Das Vs Royal Sundaram Alliance Insurance Company Ltd and Anr. The decision of Supreme Court in Sonic Surgical has been discussed in the judgment.

            We have gone through the above judgment. Above judgments are not applicable to the fact situation and territorial jurisdiction of this Commission. We are of the clear opinion that the opposite parties Hospitals and acts or omissions there in are beyond the territorial jurisdiction of this Commission. This Commission can not entertain jurisdiction in this matter under section 17 of the Consumer Protection Act, 1986. The Complaint is accordingly dismissed.