Facts
In 1993 the complainants filed an original petition against appellants before the National Commission alleging that his son (complainant son) aged 21 years was admitted in the Branch Candy Hospital in Mumbai on 4.8.1992 for the operation of slip disc as he was suffering from backache. He died on 29.8.1992 in the hospital itself, the complainant attributed this as medical negligence
Issues
Issues before the Court
- Whether delay in disposal of cases by the consumer forum or commission would be a ground for directing the complainant to approach the civil court?
- Whether the involvement of complicated questions of law and facts would be a ground?
Supreme court
- The Supreme Court held that merely because it is mentioned that the commission or the forum is required to have a summary trial, it would hardly be grounds for directing the consumer to approach the civil court.
- It would also be completely wrong to assume that because a summary trial is provided, justice cannot be done when some questions of facts are required to be dealt with or decided.
The three−judge bench concluded that in no case period beyond 45 days can be granted to the opposite party for filing its version of the case.
