Tribunals and Commissions(2015) 04 NCDRC CK 0098

DEEPAK KUMAR SINGH vs Prop Ishwar Dayal Memorial Hospital

National Consumer Disputes Redressal Commission · Decided on 15 April 2015

HON’BLE JUDGES
J.M.MALIK , S.M.Kantikar J.
RESULT
Petition dismissed

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Judgment

3 paragraphs · 172 words
1.

COUNSEL for the petitioner present. Arguments heard. He submits that M/s Seva Poly Clinic, Samastipur is a necessary party. It is explained that the father of the complainant was referred by M/s Seva Poly Clinic, Samastipur. There is no other allegation against M/s Seva Poly Clinic, Samastipur. No relief has been claimed against M/s Seva Poly Clinic, Samastipur.

2.

WE fully agree with the findings given by the State Commission that the application was moved only for the ulterior purpose in order to bring the complainant under the territorial jurisdiction of the District Forum, Samastipur, though, the hospital of the main OP is situated at Patna. The father of the complainant was admitted and the medical treatment was given to the father of the complainant at Patna. Unfortunately, he passed away at Patna. Negligence has been alleged against the doctors of Patna. No negligence has been attributed to M/s Seva Poly Clinic, Samastipur. It is neither a necessary party nor a proper party.

3.

CONSEQUENTLY , we dismiss the Revision Petition.