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STATE CONSUMER DISPUTES REDRESSAL COMMISSION

CIRCUIT BENCH NAGPUR

REVISION PETITION NO. SC/CB2/27/RBT/RP/5/2023

Dr. Sau Gitanjali Vivek Gujar

PRESENT ADDRESS - Gujar Hospital, Nr Ashwin Towers Apartment,Lohara

Yavatmal,MAHARASHTRA.

.......Petitioner(s)

Versus

Jagdish Chandrabhan Bhagat

PRESENT ADDRESS - Jamankar Nagar,Yavatmal,MAHARASHTRA.

.......Respondent(s)

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER

HON'BLE MS. SHAILA D. WANDHARE , MEMBER

FOR THE PETITIONER:

ADV. ROHILLA FOR THE REVISION PETITIONER

FOR THE RESPONDENT:

.

DATED: 28/04/2026

ORDER

(Delivered on 28/04/2026)

Per Mrs Kalyani Kapse, Hon’ble Presiding Member

1. This Revision Petition has been filed by the Revision Petitioner/Opposite

Party namely Dr. Geetanjali Gujar under Consumer Protection Act, 1986

(Hereinafter referred as ‘The Act’) and thereby challenging the interim order of

rejection of application dated 03/01/2023 passed by the District Consumer Disputes

Redressal Forum, Yavatmal in Consumer Complaint No. CC/227/2018.

2. After filing of the Revision Petition, Notice was served to the Respondent but

returned with remark “addressee not located”. Later served through paper

publication. Respondent didn’t appear nor filed reply to the said revision petition.

3. Revision petitioner contended that the Respondent/Original complainant filed

a complaint against the petitioner/O.P. vide CC/No. 227/2018 before the DCDRF,

Yavatmal for medical negligence in which he had lost his wife Pradhnya Bhagat

after the performance of Laparoscopy on 24/11/2016 and she died on 25/11/2016.

4. The Respondent filed an FIR and a Criminal complaint was filed vide

Criminal complaint No.3883/2017 and the same is pending before the JMFC

Yavatmal for trial.

5. The Revision petitioner moved an application dt.21/05/2019 to keep the

complaint in abeyance till the decision of the criminal case as it is essential to prove

the guilt of petitioner to hold her for medical negligence. The said application was

dismissed by the DCDRF, Yavatmal on 03/01/2023. The Petitioner filed the petition

on the following grounds-

6. The Ld. District Commission should have seen and considered the fact that,

before filing the instant consumer complaint No. 227/18 before District Commission,

Yavatmal criminal complaint was already filed before J.M.F.C. Yavatmal which is

pending at final stage of adducing evidence of witnesses including complainant and

same is the primary and initial stage in respect of subject matter of complaint.

7. The Ld. District Commission should have seen and considered the fact that,

the application for dismissal of complaint moved by the revision petitioner / ori.

respondent before D.C.C. Yavatmal though for dismissal of complaint, but the

District Commission in spite of rejecting the said application should have kept the

complaint in abeyance/sine-die till the decision of criminal complaint before JMFC

Yavatmal.

8. The Ld. District Commission should have seen and considered the fact that,

after rejecting the application for dismissal of complaint should not kept the

complaint for final argument to avoid the multiplicity of order.

9. On considering the submission of the parties the core issues that arises for

our determination in the present Revision Petition is whether the order pertaining to

rejection of application dtd. 03/01/2023 passed by the learned Forum, Yavatmal in

CC/227/2018 is liable to be set aside?

10. We have carefully gone through the Revision Petition as well as reply filled

on it. It is observed that the Consumer Protection Act (CPA) is designed to uphold

consumers’ rights and covers various goods and services. Section 100 of CPA,

2019 provides, “The provisions of this Act shall be in addition to and not in

derogation of the provisions of any other law for the time being in force” It is in the

backdrop of the said provision that the issue of concurrent jurisdiction arises. Many

times, there are more than one alternative available to an aggrieved consumer to

redress grievance. The Act is a consumer-