PRAFULLA MANOHAR SHENDE Vs. JUPITER HOSPITAL

JUDGEMENT

(1.) Heard finally with the consent of learned counsel appearing for the rival parties.

(2.) By this Writ Petition, the petitioners have challenged order dated 19/09/2019, passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench, Nagpur, whereby the State Commission has held that it does not have territorial jurisdiction to entertain the Complaint filed by the petitioners and the Complaint has been returned for proper presentation before the State Commission at Mumbai.

(3.) The petitioners filed a Complaint under the provisions of the Consumer Protection Act , 1986, before the State Commission against the respondents on the basis that the mother of petitioners No.1 and 2 and wife of petitioner No.3 expired due to medical negligence, delayed diagnosis and lack of correct advise given by the respondents. It was claimed by the petitioners that the medical tests and treatment of the deceased was undertaken on the advise of the respondents and during the course of treatment she expired on 24/07/2017 at Nagpur. It was stated in the complaint that the Circuit Bench of the State Commission at Nagpur had jurisdiction to entertain the complaint.