Sn Dwkr 26 October 2025

Medical negligence case consumer court - ops have not provided some documents in their response

I have filed a medical negligence case in consumer court in Maharashtra against a hospital. My complaint was accepted and the OPs filed their response to the complaint. As part of that, they submitted an affidavit, and a number of medical and consent records. However, they have missed to provide a few important documents (one of which they are referring in their response) and one important government resolution for hospitals. So a few questions about this situation - How should I request those missing documents? Is there any specific format? Does it need to be a separate request or should be part of my evidence filing affidavit? The next stage is for me to submit evidence, so can I say that I cannot submit evidence till these documents are submitted by the OPs? Or file my evidence just the same but highlight these missing documents? In their written statement and affidavit, they have mentioned some incorrect statements, do I need to refute every incorrect statement in their response in my evidence filing? Apologies if these are basic questions but I have filed by myself and there isn't enough clarity about the process. This being a medical negligence case, our lawyer was not able to handle it properly and abandoned it mid-way. We had to file ourselves to avoid going over the two years deadline.

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Quick Summary

If the hospital you're suing for medical negligence in consumer court has failed to provide all requested documents, you can file an application to request them. While you can highlight incorrect statements made by the hospital in their response, it's generally advisable to proceed with filing your own evidence rather than unnecessarily delaying the trial. The opposing party's failure to submit supporting documents could work in your favour.

5 Replies

P. Venu (Advocate) 26 October 2025

You may file an application seeking the production of such documents.

Sn Dwkr 26 October 2025

Thanks. Can I delay the filing of my evidence stating that I do not have these documents from them?

Also, should I be highlighting their incorrect facts in my response? Or is it irrelevant?

T. Kalaiselvan, Advocate (Advocate) 27 October 2025

You say that the OP should have filed the documents but they did not do so except filing the affidavit.

It is an advantage for you because they can rely upon those documents to deny your allegations and in its absence the case will be decided on the basis of your pleadings and the documentary evidences you rely upon.

As far as the government resolution for hospitals is concerned, it is a public document, hence you also can file that document yourself if that document supports your pleadings.

You may not delay the process of trial unnecessarily because the more you delay the more you are giving them time to fill up the lacuna from their side, therefore you may better go ahead with the trial by filing your side evidence and can point out all those false information they have averred in their written statement.

Dr. J C Vashista (Advocate ) 27 October 2025

Take benefit of negligence of OP and file your evidence through documents produced by the parties.

Advocate Bhartesh goyal (advocate) 27 October 2025

If opposite party does not submit documents on which he relies and his defense based then he will not be able to disprove your case and it will be beneficial for you , you need to submit the documents and proofs that proves your case.File your evidence affidavit mentioning your documents.