Charan Singh Case
Charan Singh vs Healing Touch Hospital & Ors on 20 September, 2000
Author: . A.S.Anand
Bench: K.G.Balakrishnan, M.B.Shah
PETITIONER:
CHARAN SINGH
Vs.
RESPONDENT:
HEALING TOUCH HOSPITAL & ORS.
DATE OF JUDGMENT: 20/09/2000
BENCH:
K.G.Balakrishnan, M.B.Shah
JUDGMENT:
Dr. A.S.Anand, CJI:
L.....I.........T.......T.......T.......T.......T.......T..J
This appeal under Section 23 of the Consumer Protection Act, 1986 is directed against an order of the National Consumer Disputes Redressal Commission, New Delhi (hereinafter the "National Consumer Forum") dated 9th August, 1999 dismissing a complaint filed by the appellant, without expressing any opinion on the merits of the case, but granting liberty to the appellant to "make a realistic claim" and move the State Commission or the District Forum, as the case may be in accordance with law. The National Consumer Forum 1 further directed that time spent before it, should be taken into account for purpose of computing period of limitation by the appropriate forum where the appellant moves his complaint, With a view to dispose of this appeal, we would refer only to minimal relevant facts as emerge from the record before us. In 1993, according to the appellant, he went to the Healing Touch Hospital, respondent No.l for treatment of stomachache and burning sensation while passing urine. He was examined by respondent No.2, Dr. A.J.S. Juneja, who admitted him in respondent No.l hospital on 12.1.1993 for an operation for removal of "stone from the Urethra". At the time of operation, it was respondent No. 4, Dr. Sunil Seth, who administered spinal anesthesia to the appellant. Operation was performed. Certain complications, according to the appellant, arose on account of negligence of respondent No.l hospital and its team of doctors, both in the administration of spinal anesthesia and performing the operation. According to the appellant, he was paralysed on the right hand side of his body. He complained and was
Author: . A.S.Anand
Bench: K.G.Balakrishnan, M.B.Shah
PETITIONER:
CHARAN SINGH
Vs.
RESPONDENT:
HEALING TOUCH HOSPITAL & ORS.
DATE OF JUDGMENT: 20/09/2000
BENCH:
K.G.Balakrishnan, M.B.Shah
JUDGMENT:
Dr. A.S.Anand, CJI:
L.....I.........T.......T.......T.......T.......T.......T..J
This appeal under Section 23 of the Consumer Protection Act, 1986 is directed against an order of the National Consumer Disputes Redressal Commission, New Delhi (hereinafter the "National Consumer Forum") dated 9th August, 1999 dismissing a complaint filed by the appellant, without expressing any opinion on the merits of the case, but granting liberty to the appellant to "make a realistic claim" and move the State Commission or the District Forum, as the case may be in accordance with law. The National Consumer Forum 1 further directed that time spent before it, should be taken into account for purpose of computing period of limitation by the appropriate forum where the appellant moves his complaint, With a view to dispose of this appeal, we would refer only to minimal relevant facts as emerge from the record before us. In 1993, according to the appellant, he went to the Healing Touch Hospital, respondent No.l for treatment of stomachache and burning sensation while passing urine. He was examined by respondent No.2, Dr. A.J.S. Juneja, who admitted him in respondent No.l hospital on 12.1.1993 for an operation for removal of "stone from the Urethra". At the time of operation, it was respondent No. 4, Dr. Sunil Seth, who administered spinal anesthesia to the appellant. Operation was performed. Certain complications, according to the appellant, arose on account of negligence of respondent No.l hospital and its team of doctors, both in the administration of spinal anesthesia and performing the operation. According to the appellant, he was paralysed on the right hand side of his body. He complained and was