1) you have to file case in Chennai only as father died in Chennai hospital .
2) you cannot file case in Hyderabad
Query regarding a medical negligence case
My father died in a hospital in Chennai, Tamilnadu(2022). I want to file a Medical Negligence case. Our hometown is Nellore, Andhra Pradesh. I stay in Hyderabad, Telangana for my educational purposes. Can I file the case in Hyderabad (Telangana) High Court as I am staying in Hyderabad? Compensation to be claimed: 3crores!
Asked 6 months ago in Civil Law
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21 Answers
It has to be file in Chennai, TN consumer court only. But now you can file FIR of medical negligence in Hyderabad also as per new penal act.
The case has to be filed in Chennai, Tamilnadu due to the jurisdiction of his death and not in Hyderabad.
- Since, your father has died in the hospital in Chennai , then the cause of action arose there , it means that the case will be filed in Chennai only.
- Further, you can file this case before the State Commission of Chennai , where you father was residing.
Dear Client,
To file a medical negligence case, jurisdiction matters. Generally, the case should be filed where the cause of action arose, which in this instance is Chennai, Tamil Nadu, where your father died in the hospital. Therefore, the appropriate forum would be the court in Chennai, not Hyderabad, even though you reside there for educational purposes.
For a claim of Rs 3 crore, the case would fall under the jurisdiction of a higher court. In Tamil Nadu, you would typically approach either the State Consumer Disputes Redressal Commission or the relevant High Court, depending on the specifics of the case and the legal advice you receive.
It's advisable to consult with a legal expert who can guide you on the correct jurisdiction and procedural aspects of filing a medical negligence case of this magnitude.
The incident reported to have been taken place at Chennai which is called as 'cause of action'.
Therefore the jurisdiction to file consumer complaint for medical negligence will be in the place where the cause of action arose, i.e., at Chennai and not any other place
No such can be filed in Hyderabad.
Only in Chennai where the cause of action arise such case can be filed.
As per the consumer protection law, you can file in the place where you reside or work.
G.Rajaganapathy
Advocate
High Court of Madras.
Hello Rajaganapathy Ganesan Sir, can you provide me the act / law and relevant section of it which says that a consumer can file a case in the place where s/he resides or works?
Asked 6 months ago
A complaint can be filed in 1) the District Forum if the value of services and compensation claimed is less than 20 lakh rupees, 2) before the State Commission, if the value of the goods or services and the compensation claimed does not exceed more than 1 crore rupees, or 3) in the National Commission, if the value of the goods or services and the compensation exceeds more than 1 crore rupee
2) complaint shall be instituted in a Consumer Forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, arises.
If there was no cause of action then in the place of complainant no such consumer case can be filed.
A complaint shall be instituted in a Consumer Forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, arises.
Dear Client,
Under the Consumer Protection Act, 2019, a consumer can file a complaint in the district forum (District Consumer Disputes Redressal Commission) within the local limits of whose jurisdiction:
1. The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
2. The cause of action, wholly or in part, arises.
As per Section 34(2)(d) of the Consumer Protection Act, 2019, the place of filing a complaint includes the place where the complainant resides or personally works for gain at the time of the institution of the complaint.
This provision is intended to provide convenience to the consumer, ensuring they do not have to travel to a different location to file their complaint, thus facilitating easier access to consumer justice.
Hope this helps!
- Cause of action arose in Chennai , hence the compliant can be filed in that jurisdiction only.
The 34(1) of the Consumer Protection Act 2019 states that: "..the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services PAID AS CONSIDERATION doesn't exceed one crore rupees." So, irrespective of the compensation claimed, the pecuniary Jurisdiction is decided based only on the value of services paid? The hospital bill was 26 lakhs, compensation being sought is 3 crores. Since total bill is 26lakhs(value of the services paid as consideration), the case has to be filed in District Consumer Forum right? Please clarify
Asked 5 months ago
for determining whether a claim fits the jurisdiction of a consumer forum, only the amount paid by the consumer for procuring the goods and services, excluding the value of compensation claimed must be considered by the commissions.
you have to file case in district consumer forum
- Certain significant modifications have been brought forth by the Act of 2019 concerning the pecuniary jurisdiction for all the forums i.e. the District, State, and National Commissions, respectively:
- The upper limit of pecuniary jurisdiction for the District Commission has been increased from Rs.20,00, 000 to Rs.100,00,000 as per Section 34, Consumer Protection Act, 2019.
- The limit of pecuniary jurisdiction for the State Commission has been increased from Rs.100,00,000 to Rs.10,00,00,000 as per Section 47, Consumer Protection Act, 2019 and,
- The limit of pecuniary jurisdiction for the National Commission has been increased from above Rs.10,00,00,000 to above Rs.10,00,00,000 as per Section 58, Consumer Protection Act, 2019.
These modifications have widened the scope of pecuniary jurisdiction to a much larger extent. Along with the above-mentioned changes, the 2019 Act has also changed the means for the determination of the pecuniary jurisdiction on the basis of the valuation of goods and services payable as consideration, unlike the 1986 Act where, pecuniary jurisdiction was determined by the value of the goods and services as well as the compensation sought, therefore not escalating the amount of compensation claimed to bring the complaint within the pecuniary jurisdiction of State or National Commission.
For determining the value of the complaint, the aggregate value of the goods or services and compensation claimed by the complainant. This was held in the case of “M/s Pyaridevi Chabiraj Steels Pvt. Ltd. v. National Insurance Corporation Ltd.
Therefore you can file the case in the district commission itself.
Dear Client,
Yes, you are correct in your interpretation based on Section 34(1) of the Consumer Protection Act, 2019. The pecuniary jurisdiction of the District Commission is determined by the value of the goods or services paid as consideration, not the compensation claimed. Since the hospital bill (the value of the services paid as consideration) is ₹26 lakhs, it falls within the jurisdiction of the District Consumer Forum, which handles cases where the value does not exceed ₹1 crore. Hence, you should file your complaint in the District Consumer Forum, irrespective of the compensation amount of ₹3 crores you are claiming. Should you require any further clarification, please do not hesitate to contact us.
- Yes, the case should be filed in District Consumer Forum.
I have recorded some audio and video recordings in my phone during the hospitalisation period. I am the owner of the phone, and I have copied the recordings into a CD. I want to submit them to court. I have written and signed the certificate 65B affidavit form. 1)Do I need to do anything else? Should it be notarized? And, is it compulsory to get the recordings in the CD digitally signed(Is digital sign compulsory on the recordings I copied to CD?)
Asked 5 months ago
Affidavit has to be notarised
2) you have to enclose transcripts of audio recordings in your reply
1. The certificate under section 65B can be given in the form of an affidavit itself, there is no necessity to get it notarised.
2. There is no necessity to digitally sign the CD.
Dear Client,
To submit audio and video recordings as evidence in court, you have taken important steps by creating a CD and preparing a certificate under Section 65B of the Indian Evidence Act. While the Indian Evidence Act does not explicitly require notarization of the Section 65B certificate, it is generally advisable to get the affidavit notarized to add credibility and avoid any questions about its authenticity. Digital signatures on the recordings are not compulsory, but the certificate should provide sufficient details about the particulars of the device involved, the manner in which the electronic record was produced and the certificate should affirm the integrity of the electronic record and the manner of its transfer to the CD. During production of the evidence in court along with the certificate make sure to provide the original device (your phone) if required for verification. Should you require any further clarification, please do not hesitate to contact us.
1. The said affidavit under section 65 B must be attested from the Oath Commission
2. The said CD can be sent for the report of forensic expert.