Back
DELHI STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW DELHI
Hon’ble Mr. Justice A.P. Chowdhri, President; Ms. S. Brar &
Mr. Desh Bandhu Aggarwal, Members
JAGDISH SINGH—Appellant
versus
SHRI MOOL CHAND KHARAITI RAM HOSPITAL
AYURVEDIC RESEARCH INSTITUTE—Respondent
Decided on 4.8.1995
Counsel for the Parties :
For the Appellant : In person.
For the Respondent: None.
Courts may dismiss inflated claims for compensation and advise complainants to reassess and approach the appropriate forum for relief.
Headnote:
Compensation - Sterilization Operation - Claim for Upbringing and Maintenance of Child
Fact of the Case:
The complainant sought compensation from the hospital where his wife underwent sterilization, as she conceived after the operation and gave birth to a child. The complainant claimed an inflated amount for the upbringing and maintenance of the child.
Finding of the Court:
The court found the claim for compensation to be grossly inflated and disposed of the complaint, advising the complainant to properly value the claim and approach the District Forum for necessary relief.
Issues: Claim for compensation for failed sterilization operation and upbringing of child.
Ratio Decidendi: The court found the claim for compensation to be excessive and advised the complainant to reassess the claim before seeking relief from the District Forum.
Final Decision: The complaint was disposed of with the observation that the complainant may properly value the claim and approach the District Forum for necessary relief.
Mr. Justice A.P. Chowdhri, President—The complainant claimed Rs. 5,50,000/- as compensation from the opposite party on the ground that his wife underwent sterilization operation in the opposite party’s hospital on 6.7.93 but inspite that operation she conceived which fact was discovered when they went for check up as advised. The complainant’s wife gave birth to a female child on 28th February, 94. Complainant already has 3 children. The complainant was asked to furnish the broad basis for claiming the aforesaid amount. He has placed the same on record today. According to him he will have to spend that much amount for the up-bringing and maintenance of the daughter for a period of 18 years. The complainant is a peon working in a private concern getting Rs. 3,200/- per month. He has already 3 children. We are of the view that the claim is grossly inflated. We, therefore, dispose of the complaint with the observation that if so advised the complainant may properly value the claim and approach the District Forum for necessary relief.
2. A copy of this order be communicated to the complainant.
Complaint disposed of.
–
