GOURI PAUL Vs. APPOLLO GLENEAGLES HOSPITAL

JUDGEMENT

(1.) Mr. Joseph Thattil-Advocate for the complainant and Mr.P. Basu-Advocate for the O.Ps present. Vakalatnama filed by Advocate Mr.Basu, taken on record. Opposite parties also filed objection as to the territorial jurisdiction of the Commission to entertain this consumer complaint. Both the parties are heard.

(2.) This is a consumer complaint filed against the O.Ps relating to the medical negligence while performing Laparoscopic surgery of the complainant carried at the O.P.no.1 hospital by O.P.no.2 Dr. Arnab Basak, both having address at Kolkata. Said laparoscopic operation was performed on 06/10/2007. Complainant was discharged from the hospital of O.P.no.1 on 15/10/2007. Thereafter, she had pain in abdomen. It was found ultimately after a corrective surgery taken at Jaslok hospital Mumbai on 4/2/2008 that at the time of Laparoscopic surgery at Kolkata, a big mop stuck and surrounded by a big piece of small bowel was left within the abdomen. Therefore, alleging negligence on the part of operating surgeon and the hospital, where the operation was carried out, this consumer complaint is filed.

(3.) O.Ps appeared and taken objection for territorial jurisdiction to entertain this consumer complaint at Mumbai. Admittedly, cause of action which is always a bundle of facts relating to medical negligence arises at Kolkata only, where the complainant had undergone first operation in the hospital of O.P.no.1 at the hands of O.P.no.2. Subsequent confirmation of the medical negligence by way of corrective surgery at Mumbai will not change the scenario as far as territorial jurisdiction relating to medical negligence in question. Therefore, in view of provisions of section 11 (2)(b) of the Consumer Protection Act, 1986, the jurisdiction to entertain this consumer complaint is with the Kolkata fora. No cause of action or part of cause of action could be said to have been arisen within the territorial jurisdiction of this Commission. We hold accordingly and pass following order:- Order