STATE CONSUMER DISPUTES REDRESSAL COMMISSION CHANDIGARH REVISION PETITION NO. SC/4/RP/22/2025 (Against the Order dated 17th October 2025 in Appeal DC/44/CC/167/2024 of the District Consumer Disputes Redressal Commission Chandigarh district commission)

WITH SC/4/IA/267/2025 (SUMMONING OF WITNESS)

VIVEK SAIGAL PRESENT ADDRESS - S/O LATE SH. ASHOK KUMAR SAIGAL R/O H.NO. 3036 G.F SECTOR

44-D, CHANDIGARH. , NEAR SAINT JOSEPH SCHOOL , 3036, G.F., SECTOR 44-D , CHANDIGARH,CHANDIGARH.

.......Petitioner(s)

Versus MAX SUPER SPECIALTY HOSPITAL MOHALI A UNIT OF HOMETRAIL ESTATES PVT. LTD.

PRESENT ADDRESS - NEAR CIVIL HOSPITAL MOHALI PHASE-6 MOHALI THROUGH ITS MANAGING DIRECTOR. , NEAR SAINT JOSEPH SCHOOL , 1 , S.A.S NAGAR,PUNJAB.

MAX SUPER SPECIALTY HOSPITAL MOHALI A UNIT OF HOMETRAIL ESTATES PVT LTD Through its managing director PRESENT ADDRESS - PHASE 6 MOHALI THROUGH ITS MEDICAL SUPERINTENDENT.1 , S.A.S NAGAR,PUNJAB.

SANJAY MISHRA DOCTOR BUSINESS ADDRESS - PHASE 6 MOHALIHOSPITAL , S.A.S NAGAR,PUNJAB.

.......Respondent(s)

BEFORE:

HON'BLE MRS. PADMA PANDEY , PRESIDING MEMBER HON'BLE MR. RAJESH KUMAR ARYA , MEMBER FOR THE PETITIONER:

IN PERSON DATED: 10/11/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T.CHANDIGARH [ADDITIONAL BENCH]

Revision Petition No. : RP/22/2025 Date of Institution : 13/09/2025 Date of Decision : 10.11.2025 Vivek Saigal S/o Late Sh.Ashok Kumar Saigal, R/o House No.3036, Ground Floor, Sector-

44-D, Chandigarh.

…… Petitioner V E R S U S

1. Max Super Speciciality Hospital (Mohali), A unit of Home Trail Estates Private Limited, Near Civil Hospital, Mohali, phase-6, Mohali(Pb) through its Managing Director.

2. Max Super Speciciality Hospital (Mohali), A unit of Home Trail Estates Private Limited, Near Civil Hospital, Mohali, phase-6, Mohali(Pb) through its Medical Superintendent.

3. Dr. Sanjay Mishra, Neurologist, Max Super Speciciality Hospital (Mohali), A unit of Home Trail Estates Private Limited, Near Civil Hospital, Mohali, phase-6, Mohali(Pb).

……. Respondents BEFORE: MRS. PADMA PANDEY,MEMBER MR.PREETINDER SINGH,MEMBER For the revision petitioner : Sh.Vivek Saigal, in person For the respondents : Sh.G.S.Rangi, Advocate alongwith Dr.Sanjay Mishra, respondent No.3 in person.

O R D E R

This Revision Petition is filed in Consumer complaint bearing No.DC/44/CC/67/2024 pending before the District Commission-II,U.T.Chandigarh alleging medical negligence by the opposite parties. The grounds taken in this Revision petition are as under ;

i. Order passed on 12-01-2023 by DCDRC-II (Annexure RP-1-A) is beyond jurisdiction as no mandatory affidavit is filed by Opposite Parties No.1 & 2 to verify the facts of written statement in accordance with law.

ii. Non-compliance with Timelines Directed in Transfer Application No.

TA/3/2024 in Complaint Case No. CC/497/2022 as the District Commission-I, U.T.Chandigarh committed a procedural error by failing to enforce the timelines mandated in the order passed by the Hon’ble SCDRC, UT, Chandigarh.

iii. Non-Redressal of disputed material facts by not passing any speaking order/interim order as requested on 15-04-2025 as the District Commission erred in law by not passing a reasoned order on Miscellaneous Application No. MA/85/2023, which raised disputed material facts critical to the complaint’s adjudication. The failure to address these facts obstructed fair adjudication, violated principles of natural justice, and amounts to an improper exercise of jurisdiction.

iv. Non-Enforcement of directions given to OPs vide Order Dated

31/7/2024(Annexure RP-6) as District Commission-I failed to ensure compliance by Opposite Parties Nos. 1 and 2 with its order dated 31.07.2024 (Annexure RP-6), and neglected to address this non-compliance in subsequent orders dated 4-10-2024 (Annexure RP-8), breaching its duty to enforce its directives.

v. Unauthorized Vakalatnama of OPs No. 1&2. District Commission-II erroneously accepted a vakaltnama filed by OP 1-2 through an unauthorized person as per resolution passed by “the co