Legal Question in Consumer Law in India
district consumer fourm decided the complaintfor medical negligence against the complainant unjustly in the impression of opposite parties delibretly with irregularity,illegally.prior to the decision of district fourm in this matter complainant filed a transfer petition before the national commission for consumer in delhi india for transfer the complainant outside the state of rajastan&haryana because opp. parties are having good political relation and they will temper the fourm to decided the complaint , but national commission not take any action and sent back the petition for final decision before district fourm.where district fourm in the impression of opp. parties [doctors] dismissed the complainant illegally. it is worthwhile to mention here that medical negligence is self proved on the case file in the reply, evidence medical,document produced by the opp.parties. in this way district fourm given . unjust advantage to opp.parties. now i have no hope of justic to appeal . in these special circumstances wheather complainant can file an special leave petition in supreme court of india for his fundamental right of equity before law
2 Answers from Attorneys
u may file an appeal against the order of district forum in the state commission and then approach national commission after state commission decides the appeal.
No SLP lies in the Supreme Court at this stage. You can file an appeal before the State Consumer Commission. In addition, you can also file a complaint with the State Medical Council. I cannot comment about the case any further without having a look at the order of the Forum.
-- M C Gupta
MD (Medicine), LL.M.
Ex-Professor
Practicing advocate
12 January 2010
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