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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

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

.......Complainant(s)

Versus

DR. MANJULA ROHATGI

PRESENT ADDRESS - SHONALI, ROHATGI NURSING HOME, 274, NEAR HISLOP COLLEGE,

CIVIL LINES, NAGPUR-440 001,MAHARASHTRA.

SHONALI, ROHATGI NURSING HOME

PRESENT ADDRESS - 274, NEAR HISLOP COLLEGE, CIVIL LINES, NAGPUR-440

001,MAHARASHTRA.

.......Opposite Party(s)

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER

HON'BLE MS. SHAILA D. WANDHARE , MEMBER

FOR THE COMPLAINANT:

NEMO

FOR THE OPPOSITE PARTY:

..

DATED: 04/02/2026

ORDER

PER SMT.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