PER Mr. A. Z. KHWAJA JUDICIAL MEMBER.
The Appellant The Medical Superintendent, District Women Hospital, Amravati, has preferred appeal No. RBT/A/19/189 challenging the judgement and order passed by the leaned District Consumer Commission, Amravati in Consumer complaint No.CC/18/18 dated 8/4/2019 by which the Consumer complaint filed by the Respondent/complainant Mahendra Wankhade alleging medical negligence, came to be allowed and the Appellant was directed to pay Compensation of Rs.4 lacs alongwith interest @8% p.a. On perusal of record, it is seen that the Original Complainant, Mahendra Wankhade has also preferred counter appeal claiming enhancement of compensation.
We have heard Shri.Ketan Bhoskar, learned advocate for the original Opposite party, Medical Superintendent, District Women Hospital, Amravati and also Mrs.A.Rohilla, Learned advocate for the Original complainant Mr.Mahendra Wankhade who is the appellant in Appeal No.A/22/17.
At the outset, it is submitted by Shri. Bhoskar, learned advocate for the Appellant/Opposite party that the Respondent/complainant Mahendra had filed a complaint alleging medical negligence against the Medical Superintendent of District Womens Hospital. Though due notice came to be issued by the learned District Consumr Commission, Amravati, yet the same could not be received by the Appellant, as the same was deliberately suppressed by one clerk namely Mr.Balu Tayade. Further, it is submitted that the appellant also did not get knowledge regarding judgement delivered by the learned District Consumer Commission on 8/4/2019. It is submitted by Shri.Bhoskar, learned advocate for the Appellant/Opposite party that due to the suppression on the part of clerk, the Appellant, who was Opposite party in the original Complaint, nevergot the opportunity to put forth his case and also to adduce evidence in a proper manner. Shri.Bhoskar, learned advocate has further submitted that the complaint under Consumer Protection Act,1986 came to be entertained by the Learned District Consumer Commission without going into the fact that the Appellant was Medical Superintendent of a Government Womens Hospital and, therefore, the complainant is not a “Consumer” at all. It is argued by Shri.Bhoskar, learned advocate that instead of going into the merits of the case, the purpose will be served if due opportunity is granted to the Appellant to adduce evidence and the matter is remanded back for decision afresh.
We have also heard Mrs.A.Rohilla, learned advocate appearing for the Respondent/complainant as well as Appellant in Appeal No.A/22/17, and she has consented to the same.
In view of the above submissions, we have also gone through the record of the memo of appeal. Learned advocate for the Appellant has also drawn our attention to certain documents so as to show that due show cause notice was also issued to the concerned clerk for not bringing the facts to the knowledge of the Medical Superintendent. As such, on going through the record, and considering the consent given by counsel for the Complainant, we are of the view that instead of deciding the appeal on merits, it would be proper, in case the impugned judgement and order dated 8/4/2021 passed by the learned District Consumer Commission, Amravati is set aside and the matter is remanded back for decision afresh with a direction to the learned District Consumer Commission to give opportunity to both the sides and to decide the matter afresh in accordance with law. As such, we proceed to pass the following order..
FINAL ORDER
- The Appeal No. appeal No. RBT/A/19/189 is hereby partly allowed and the order dated 8/4/2019 passed by the learned District Consumer Commission, Amravati in Consumer complaint No.CC/18/18 is hereby set aside and the matter is remanded back to the learned District Consumer Commission, Amravati.
- learned District Consumer Commission, Amravati is hereby directed to decide the Complaint filed by the Complainant afresh after giving due opportunity to both the parties to adduce evidence and to dispose of the same in accordance with law as early as possible.
- Both the parties to appear before the District Consumer Commission, Amravati on 20/10/2022.
- Copies of the order be supplied to both the parties free of cost and a copy of the order be sent to the learned District Consumer Commission, Amravati .
