National Consumer Disputes Redressal
Ratna Ghosh vs Dr. P.K. Agarwal on 29 March, 2010
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER COMPLAINT NO. 9 OF 2010 Ratna Ghosh D/o Late Sushil Kumar Ghosh 17 Nabinpally, Post Office Orepukur, Rishra, Distt. Hooghly, West Bengal 2. Smt. Jally Dutta W/o Mr. Kalipada Dutta Shamashree Pally, Naihati 24, Parganas (North, West Begal). ........ Complainants Vs. 1. Dr. P.K. Agarwal 2. Dr. S.N. Basak Both of Park Medicare Centre (P) Ltd. 30/A/148, Dr. P.T. Laha Street (Bangur Park), Rishra 712248, District Hooghly, W.B. 3. Dr. Sabyasachi Bose Paramount Nursing Home Maniktola, Serampore District Hooghly, West Bengal 4. Park Medicare Centre (P) Ltd. 30/A/148, Dr. P.T. Laha Street (Bangur Park), Rishra 712248, District Hooghly, W.B. 5. Paramount Nursing Home Maniktola, Serampore District Hooghly, West Bengal 6. Dr. Avik Dey Mission of Mercy Hospital Kolkata West Bengal 7. Mission of Mercy Hospital Kolkatta, West Bengal Opposite Parties BEFORE : HON'BLE MR. JUSTICE K.S. GUPTA, PRESIDING MEMBER HON'BLE MR. JUSTICE R.K. BATTA, MEMBER For the Complainants : Mr. T.V. George, Advocate Pronounced on : 29TH March, 2010 ORDER
PER JUSTICE R.K. BATTA, MEMBER Heard Counsel for the complainants.
The complainants allege negligence on the part of the opposite parties which resulted in premature death of Swapna Ghosh, who was mentally retarded and physically challenged. The complainants claimed a total sum of Rs.2,19,30,000/- with 12% interest thereon. The break of the said claim is as under:
A. Pecuniary Damages: Rs.
I. Expenses for treatment including cost of medicines etc. 89,000.00 II. Funeral Expenses 50,000.00 III. Loss of income of the petitioners 30,000.00 IV. Expenses for travelling 50,000.00 B. Non Pecuniary Loss:
I. For pain and suffering 10,00,000.00 II. Loss of amenities of life 5,00,000.00 C. Exemplary Damages: 2,00,00,000.00 2,17,19,000.00 There is thus mistake in calculation of total loss which is stated to be Rs.2,19,30,000/-. The substantive loss which consists of pecuniary damages is to the tune of Rs.2,19,000/-. Besides this, a sum of Rs.10,00,000/- has been claimed for pain and suffering and Rs.5,00,000/- for loss of amenities of life. In addition, a sum of Rs.2,00,00,000/- is claimed as exemplary damages. No basis or sufficient justification has been given for claiming exemplary damages of Rs.2,00,00,000/- in addition to Rs.15,00,000/- claimed for pain, suffering and loss of amenities of life and we are, prima facie, of the opinion that a highly exaggerated claim has been made in so far as exemplary damages are concerned in order to bring the claim within the jurisdiction of this Commission. The jurisdiction of this Commission to entertain the original petitions is above Rs. 1,00,00,000/-. Accordingly, we are of the opinion that the complainant should approach the appropriate forum having pecuniary jurisdiction by making appropriate claim. In view of this, we are not inclined to entertain this complaint and the complainants are free to file appropriate proceedings before the appropriate forum.
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(K.S. GUPTA, J) PRESIDING MEMBER ..
(R.K. BATTA, J) MEMBER k