National Consumer Disputes Redressal
Shri Ram Murti Smarak Institute Of ... vs Radhey Shyam & Anr. on 10 March, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 3072 OF 2010 (Against the Order dated 01/07/2010 in Appeal No. 97/2010 of the State Commission Uttar Pradesh) 1. SHRI RAM MURTI SMARAK INSTITUTE OF MEDICAL SCIENCES Through its Director, Institute of Medical Science, Bhojipura Bareilly Uttar Pradesh 2. DR. AMREESH KUMAR AGARWAL CARDIOLOGIST Shri Ram Murti Smarak Institute of Medical Sciences, Bhojipura Bareilly Uttar Pradesh ...........Petitioner(s) Versus 1. RADHEY SHYAM & ANR. S/o Shri Anant Ram, R/o. Village Kurria Kalan, Tehsil Sadar Shahjahanpur Uttar Pradesh 2. INDIA MEDTRONI PVT. LTD. Through its Authorized Dealer Anandi Health Care, 537/, P/5, Sri Nagar Colony, Sitapur Road Lucknow Uttar Pradesh ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON'BLE MR. DR. S.M. KANTIKAR, MEMBER For the Petitioner : Ms. Tanuja Basera, Proxy Counsel for Mr. Varun Goswami, Advoate For the Respondent : Nemo Dated : 10 Mar 2015 ORDER The main controversy raised by the Revision Petitioner is about the jurisdiction of District Forum, whether it is at Saharanpur or at Bareilly. Heard the learned counsel for the petitioner/OP. The counsel for respondent/complaint was present during last date of hearing on 10.11.2014, he is absent today.
On perusal of records it has been transpired that, complainant took treatment from OPs at Bareilly. The pacemaker was implanted by OP-2 Dr. Amreesh Agrawal at Shri Ram Murti Smarak Institute of Medical Sciences, Bareilly. Therefore, the cause of action was aroused at Bareilly. Both the fora erred in considering the cause of action in the district of Shahjahanpur.
This view dovetails from the judgments of the Hon'ble Apex Court in the matter of K Sagar, MD, Kiran Chit Fund vs. A Bal Reddy, (Civil Appeal No. 1498 of 2005 decided on 11.06.2008, reported in 2008 [7] SCC 166, Sonic Surgical vs. National Insurance Company, Civil Appeal No. 1560 of 2004 decided on 20.10.2009), according to which the District Forum at Shahjahanpur had no territorial jurisdiction to entertain the complaint in question.
Therefore, the District Forum, Sahajahanpur directed to transfer the CC 44 of 2010 to District Forum at Bareilly. The Complainant is allowed to file expert opinion and the OPs may file their written statement subsequent to the filing of the expert report. Parties are directed to appear before District Forum, Bareilly on 5th May 2015. Copy of this order be sent to respective parties and both the District Forums immediately. As this matter pertains to year 2010, we suggest the District Forum, Bareilly to proceed with the matter expeditiously and dispose of the same in accordance with law.
......................J J.M. MALIK PRESIDING MEMBER ...................... DR. S.M. KANTIKAR MEMBER