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STATE CONSUMER DISPUTES REDRESSAL COMMISSION

CIRCUIT BENCH NAGPUR

CONSUMER COMPLAINT NO. SC/CB2/27/CC/93/2017

MRS. MONIKA PANKAJ BHATTAD .......Complainant(s)

PRESENT ADDRESS - SAUSAR TAH. SAUSAR DIST. CHHINDWARA,M

Versus

DR. MANJULA ROHATGI .......Opposite Party(s)

PRESENT ADDRESS - SHONALI, ROHATGI NURSING HOME, 274, NE

SHONALI, ROHATGI NURSING HOME

PRESENT ADDRESS - 274, NEAR HISLOP COLLEGE, CIVIL LINES, N

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER

HON'BLE MS. SHAILA D. WANDHARE , MEMBER

FOR THE COMPLAINANT: ADV.CHANDURKAR

FOR THE OPPOSITE PARTY: ..

DATED: 04/02/2026

ORDER

PER MRS.KALYANI KAPSE, HON’BLE PRESIDING MEMBER

1. Present complaint is filled by the Complainant namely, Smt. Monika

Bhattad who is resident of Nagpur against the opponent namely Dr.

Manjula Rohatagi and another, Nagpur under section 17 and 18 of

Consumer Protection Act, 1986. (For the sake of brevity “The Act”)

2. At the outset and before dealing with the Complaint, OP No. 1 raises

the following preliminary objections. It is submitted by the Complainant

that complaint ought to be dismissed in limine on the following grounds

amongst others, which are without prejudice to each other.

3. PRELIMINARY OBJECTION No. 1

NO PECUNIARY JURISDICTION: OP No. I submits that the Complainant

has prayed for Rs. 1 crore plus 18% interest on Rs. 1 crore to be

calculated from the date of commencement of treatment till

realization.Therefore it goes without saying that at the time of filing this

complaint the amount prayed for was Rs. 1 crore plus interest @ 18%

from 12/08/2015 till the date of filing the Complaint. The amount

therefore exceeds Rs. 1 crore and therefore beyond the pecuniary

jurisdiction of this Commission.The Complaint must therefore be

returned back to the Complainant to be filed before the appropriate

Authority having jurisdiction above 1 crore.

4. PRELIMINARY OBJECTION No. 2

NON-JOINDER: It is further submitted that as per the complaint, the

services of Meditrina Hospital were taken. Under the circumstances the

Complainant ought to have made Meditrina Hospital alsoa party to this

Complaint which the Complainant has neglected to do.Therefore this

complaint suffers from serious non-joinder and on this count itself the

Complaint deserves to be dismissed.All doctors who rendered treatment

are not made party to this complaint and therefore this complaint

suffers from serious non joinder.

5. PRELIMINARY OBJECTION No. 3

NO CONSIDERATION PAID AND THEREFORE COMPLAINANT NOT A

CONSUMER: OP No. 2 states that no case can ever lie against the OPs in

the Consumer Commission as OPs have given their services 'gratis' and

they have not collected any consideration either from the Complainant

or from any other person on behalf of the Complainant. OP No. 2

further states that as far as OPs are concerned there is also neither any

part payment made nor is there any promise to pay any consideration.

Under the situation as no consideration is paid, promised or partly paid

or partly promised, the Complainant can never be a 'consumer' vis-à-vis

the OPs and therefore the Consumer Commission has no jurisdiction to

try a Complainant filed by a party who is not a Consumer.

6. PRELIMINARY OBJECTION No. 4

REAL CAUSE FOR FILING COMPLAINT MONETARY GAIN:

The Complainant tried their level best to get money from OPs. For this

purpose all possible pressure tactics were used. In spite of these

pressure tactics, OPs stood up and did not succumb to the pressures as

OPs had done nothing wrong. When the people were unsuccessful they

filed this Complaint.Filing of a complaint in the Consumer Court is a

practically cost-free process and this is used more to get money from

doctors as today these doctors are 'soft targets' and have a reputation

and a practice to protect. It must be remembered that it takes years to

set up a practice but one vexatious or frivolous Complaint to completely

destroy years of hard work.

7. We have observed that Section 17(1)(a) of the Consumer Protection Act,

1986 says that

“The State Commission shall