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Madhu (SE)     24 May 2011

What is Pecuniary Jurisdriction?

I have recently sent my grievance against a doctor who has issued fake certificate against my son(2+ years) and not giving my son's medical records to me(I am fighting child custody case) in Andhra Pradesh consumer disputes redressal commission.  And my application was returned stating my complaint comes under "PECUNIARY JURISDICTION" and apply in right forum? 

I have approaced AP consumer disputes redressal commision as "In a landmark order, the national consumer disputes redressal commission has made it mandatory for all medical practitioners and hospitals across the country to provide the entire medical records of a patient to himher or the authorised nominee or legal authorities concerned within 72 hours of the demand.".

Please let me know what is the Pecuniary Jurisdiction and where to file my complaint against the doctor?



 5 Replies

Suchitra. S (Advocate)     24 May 2011

Pecuniary jurisdiction is the jurisdiction of Courts depending on the amount or value of the subject matter including compansation askd for.

At present the pecuniary jurisdiction of Dostrict Consumer forums is between 1lkh to 20 laks.

State Commossions have jurisdiction to the cases whose vlaue is more than 20 lakhs to 1 crore.

National Commission has the jurisdiction for suit value which exceeds 1 crore.

So, now you have to file the complaint in the appropriate court depending upon the suit vlaue. 

2 Like

Madhu (SE)     27 May 2011

I have not asked for any compensation.  Why will Pecuniary Jurisdriction will come into picture?

Suchitra. S (Advocate)     27 May 2011

Sir/Madam, please try to understand that Courts are having fixed pecuniary jurisdiction within which they work. Your suit filed may not be within that limit and so it has been rejected. It is not only  about the amount of compensation you have asked. Let me know where you had filed the suit? District forum or State Commission ? What was your prayer in the suit?

1 Like

Madhu (SE)     27 May 2011

Thanks Madam,  I have filed this suit in Andhra Pradesh State consumer disputes redressal commission and not in the court.  I do not think they have any District forum for conusmer disputes.  My prayer was to take action against the doctor for issuing fake certificate.

Suchitra. S (Advocate)     27 May 2011

Madam, your case can be filed in District Forum. Consult any advocate at your area and file the case there. State Commission does not have pecuniary jurisdiction in your case, obviously.  And I advise you to pray for the compensation for the deficiency of service by the doctor. You can ask for the cost of the proceedings too. 

Prayer part is very importanat because, Court can only give those remedies which are sought for. So, prayer should be specific as possible. 

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