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Manasi Mishra v/s Aayush Hospital & Maternity Home & Others

    Transfer Application No. 1 of 2021

    Decided On, 09 February 2022

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE DR. S.M. KANTIKAR
    By, PRESIDING MEMBER & THE HONOURABLE MR. BINOY KUMAR
    By, MEMBER

    For the Appearing Parties: Suyash Pande, Rohini Kumar, Advocates.



Judgment Text

Dr. S.M. Kantikar, Presiding Member

1. The instant Petition is a Transfer Application to transfer the Complaint from the State Commission, Chhattisgarh to the State Commission, Odisha.

2. Heard the learned Counsel on both the sides.

3. The learned Counsel for the Applicant submitted that the Applicant / Complainant is a lady, resident of Sambalpur (Odisha), filed Consumer Complaint No. 24/2019 before the State Commission, Raipur, Chhattisgarh, against the Opposite Parties for alleged medical negligence.

4. He further submitted that she is undergoing surgical treatment at AIIMS, Bhuvaneshwar for hernia, which was developed due to alleged negligence of the Opposite Parties Nos. 1 and 2. Till date, she underwent multiple surgeries and at present, for her daily needs, she has to depend upon somebody else. She is unable to engage an Advocate at Raipur and unable to travel for 6 to 7 hours (300 kms) frequently to the State Commission at Raipur. Moreover, due to the current Covid-19 pandemic situation, it is risky and unsafe for her to travel.

5. The learned Counsel for the Opposite Parties submitted that the Opposite Party No. 4 is a Senior Laparoscopic Surgeon and for the last 25 years, serving lot of patients in Raipur region. If the said Transfer Application is allowed, many patients will be deprived from his services. He further submitted that the Opposite Parties doctors are running IVF Centre, wherein presence of doctor is essential during regular follow up and the crucial time bound procedures like ovarian stimulation, embryo formation and embryo transfer etc. Therefore, the absence of the Opposite Party No. 4, at relevant time can cause adverse effect and less success rate.

6. He further submitted that since 23.03.2019, the Complainant was not suffering from any health ailments. Under the Consumer Protection Act, it is a summary proceeding and there is no need of personal appearance for the Complainant. She can very well pursue her case before the State Commission, Raipur through her Counsel or Authorized Representative. Therefore, if the instant case is transferred, the four Opposite Parties have to travel from Raipur to the other place.

7. We gave our thoughtful consideration to the arguments on both the sides.

8. Admittedly, the Opposite Parties are running a Medical Centre for more than 2 decades. They have digitalization and communication facilities like wifi / internet which may be used for e-filing / virtual proceedings. It is true, though the doctors are busy and conscious about their duties towards the patient, but they are not exempted from the legal proceedings and duty bound to attend the court proceedings (physical or virtual mode) either though their Counsel or on their own.

9. We are convinced with the reasons stated in the application, which deserves to be allowed. The Statement of Objects and Reasons of the Act 1986 speaks of "speedy and simple redressal to consumer disputes". This is the case of alleged medical negligence which needs holistic approach after giving fair opportunities to the parties on both the sides, instead of taking technical approach.

10. Based on the following discussions as provisions contained under Section 62 of the Consumer Protection Act, 2019, the instant Transfer Application is allowed. Accordingly, the Consumer Complaint No. 24 of 2019, pending before the State Commission Raipur, Chhattisgarh is transferred to the State Commission, Cuttak Odisha. The Registry of State Commission, Chhattisgarh is dire

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cted to transfer the case along with the entire material on record to the State Commission, Odisha before 07.03.2022. 11. Both the parties are directed to appear before the State Commission, Odisha on 07.03.2022 for further proceedings. A copy of this Order be sent to the State Commission, Raipur, Chhattisgarh, through e-mail, fax and by speed post within three days from today.
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