Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Consumer court - medical negligence

Querist : Anonymous (Querist) 15 July 2023 This query is : Resolved 
My son has a case of medical negligence. The main party is the hospital where he suffered injury. But my incompetent lawyer added a 'formal party' as the hospital where my son was later treated for post surgical issues. The doctor who operated and caused injury transfered my son to this multispeciality when his case became serious. But the formal party hospital made no mistake and is therefore asking discharge. Can they be discharged or no such provision now in consumer court? I have let the lawyer go as he didn't know what to do and couldn't suggest any solution to the problem.
kavksatyanarayana (Expert) 15 July 2023
File a case in a court but not in a consumer forum.
T. Kalaiselvan, Advocate Online (Expert) 16 July 2023
The Consumer Protection Act, 1986 clearly enumerates those provisions of the CPC that are applicable to proceedings before the consumer fora. Such provisions include 13(4), in which the Consumer Protection Act, 1986 vests those powers vested in a civil court under the CPC to the District Forum.
There is no provision in CPC for discharge of respondent/defendant
Advocate Bhartesh goyal (Expert) 16 July 2023
Yes no provision of discharge of defendant/respondent exists neither in CPC nor in Consumer Protection Act.Consumer Commission has to decide the case on basis of material available
on record and following the procedure prescribed in Consumer Protection Act.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now