Lucknow: The Lucknow bench of the Allahabad High Court has recently set aside a National Consumer Disputes Redressal Commission (NCDRC) order that had directed a doctor and a hospital owner to pay Rs 93 lakh in compensation to a patient who suffered complications during a cesarean section (C-section) at the facility.
The case dates back to 2005 when Dr. Dinesh Kumar, the petitioner, ran Surya Medical Centre, a nursing home in Jamshedpur. A patient, who had been under regular check-ups during her pregnancy, was advised to undergo a C-section on 24th September 2005. During the procedure, complications arose, allegedly due to a lack of oxygen at the facility, resulting in critical health issues for the patient. She was subsequently transferred to another hospital and later diagnosed with Hypoxia Ischemic Encephalopathy (HIE).
Accusing the doctors of medical negligence, the patient filed a complaint before the State Consumer Forum, which awarded Rs 95 lakh in compensation in December 2012. This decision was later challenged by the doctors before the NCDRC, where the matter went through several rounds of differing opinions. Eventually, the NCDRC reduced the compensation to Rs 93 lakh, with 85% of the amount to be paid by Dr. Kumar, the owner of the nursing home.
However, Dr. Kumar challenged the NCDRC’s order before the Allahabad High Court, arguing that there was no sufficient evidence to support the compensation and that the NCDRC had not properly followed the provisions of Section 58(3) of the Consumer Protection Act, which mandates that if the members of the bench differ, the points should be referred to the President or another member for decision.
The High Court bench noted that the third member, instead of addressing the specific five points referred to them, had wrongly acted as the deciding authority in the case, thereby exceeding the powers conferred under the law. Consequently, the High Court quashed the NCDRC’s order, citing an improper exercise of jurisdiction by the referring member.
The court ordered that the matter be heard afresh by the third member of the NCDRC, who must address the specific questions referred and send the matter back to the division bench for a decision.
This ruling highlights the importance of adhering to legal procedures and ensures that medical professionals are not unfairly penalized in cases where there is insufficient evidence to support claims of negligence.
