Case title: P.C Jain vs DR. R.P Singh
Case no.: SLP(Civil) No(s). 683-685 of 2023
Decided on: 29.01.2024
Quorum: Hon’ble Justice B.R Gavai, Hon’ble Justice Sandeep Mehta
FACTS OF THE CASE:
The present case involves the respondent’s medical negligence towards the appellant. The appellant-complainant, P.C. Jain, has lost vision in his left eye as a result of the respondent Dr. R.P. Singh’s medical negligence during a surgical procedure. The appellant filed a complaint with the District Consumer Disputes Redressal Commission. The commission awarded a fine of 2 lakhs with 12% interest.
The respondent filed an appeal with the state commission, which was denied on the basis of territorial jurisdiction. Angered, the appellant filed an appeal with the national commission. It reversed the state commission’s decision and reduced the interest rate to 6%.
The respondent filed a review petition. The review application was considered and granted ex parte order.
Being dissatisfied with the aforementioned order, the appellant-complainant filed a review application before the national commission, objecting to the ex-parte order. However, the national commission rejected the review application.
APPELLANTS CONTENTION:
The appellant-complainant claims that the respondent Dr. R.P. Singh misrepresented to the national commission that he had deposited only Rs. 2 lakhs, which were paid to the appellant-complainant P.C. Jain in 2011. In fact, the appellant P.C. Jain specifically claims that he has received no compensation for the loss of vision he suffered as a result of the respondent Dr. R.P. Singh’s medical negligence. The national commission granted Dr. R.P. Singh’s review petition ex parte without notice to the complainant.
COURT ANALYSIS AND JUDGEMENT:
The court overturned the national commission’s orders and ordered respondent Dr. R.P. Singh to pay appellant P.C. Jain Rs. 2 lakhs in compensation, plus interest at the rate of 12% annually, starting on the day the complaint was filed and continuing until the money was actually received. Within two months of today, the respondent Dr. R.P. Singh must give the appellant-complainant the compensation as instructed above; if not, the interest rate will increase to 15% annually.
The court imposed a cost of Rs. 50,000/- on the respondent Dr. R.P. Singh for procuring the order by making a false representation that the amount of compensation had been paid to the appellant-complainant P.C. Jain.
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Written by – Surya Venkata Sujith
