ASHOK KUMAR ANEJA Vs. HARISH KOHLI

JUDGEMENT

(1.) This is an appeal against the order dated 17.1.2003 passed by District Forum, Dehradun whereby the complaint of the appellant was dismissed.

(2.) The brief facts of the case are that the complainant lodged the complaint with the District Forum, Dehradun on 4.5.1998 and the subject of the complainant was mentioned that the medical certificate, discharge slip, X-ray report, the bill and compensation be given. In the body of the complaint, he alleged that the complainant met with an accident on 17.10.1997. He was admitted in the hospital of the opposite party on 25.10.1997. There was an operation and the complainant was admitted in the nursing home of the opposite party for 20 days. On discharge, when the complainant wanted the discharge slip, medical certificate, X-ray report and receipt of the payment of Rs.10,000/-, firstly Dr. Kohli, opposite party told to give on this or that date, but ultimately refused. The complainant gave an application to the C. M. O. The opposite party sent a compounder at the residence of the complainant and threatened. Due to this accident the complainant is unable to work from his left hand. The doctor is duty bound to hand-over the papers. The opposite party has violated the rules. Therefore, his licence should be cancelled. The claimant claimed papers, compensation and also cancellation of the practice certificate of the opposite party.

(3.) We have gone through the entire complaint and there is not even a single word that there was any deficiency in service of the opposite party in the treatment, operation or nursing of the complainant. He has alleged disability due to this accident and not due to any deficiency in service of the opposite party. He has alleged that : "is durghatna ke karan main bain hath se karya karne va apna tatha apne parivar ka jeevikoparjan karne main asmarth han". He blamed the accident and not the doctor for disability, if any. Therefore, there is no question of any compensation for deficiency in service. Now, the question is whether the Forum or this Commission has got jurisdiction to cancel or to get cancelled the medical practice licence of the opposite party. Naturally, there is no such jurisdiction or power with the Forum or the Commission.