R K GUPTA Vs. V K GUPTA

JUDGEMENT

(1.) Heard the complainant, who has appeared in person and has argued his case, at length.

(2.) The complainant, Dr. R. K. Gupta, submits that he is a doctor with Post Graduate Degree in Medicine (Anaesthesiology) and is presently working as Senior Consultant in Anaesthesia, Critical Care & Pain Medicine. His brother Dr. V. K. Gupta, who is opposite party no. 1, is also a doctor with Post Graduate Degree in General Medicine. The complainant, Dr. R. K. Gupta, contends that his brother Dr. V. K. Gupta, in order to rob him from his right of inheritance from the property of his deceased father, created a situation in which his mother sided and lived with his brother-opposite party no. 1 and he had to stay away from his ancestral house with his family. The complainant, Dr. R. K. Gupta, alleges that his brother/opposite party no. 1, Dr. V. K. Gupta, had a long term plan to eliminate his mother in a surreptitious manner so as to grab the entire ancestral property. In that process, he alleges that his brother had created sever toxicity in his mother over a period of time and did not allow her to consult any other doctor. When the degree of toxicity reached a level of 'no return', he took her to the Talwar Medical Centre, opposite party no. 2, where she expired within few hours. The complainant vehemently argues that it was his own brother Dr. V. K. Gupta who has taken advantage of his own wrong/felonious act of torturing his mother by deliberately making her severely toxic and then causing her death by providing a lethal treatment. According to him, the motive of Dr. V. K. Gupta/opposite party no. 1 was to interrupt the course of nature and deprive his mother from living a full life. He, therefore, contends that he should be given a compensation from Dr. V. K. Gupta/opposite party no. 1 of the fair market value of the assets (Rs. 9.00 Crores) of his mother cornered by him by virtue of a Will.

(3.) The prayer of the complainant in his complaint reads as under:-