ASHOK THAKUR Vs. G M MODI HOSPITAL AND RESEARCH CENTRE FOR MEDICAL SCIENCES

JUDGEMENT

(1.) By this order we propose to dispose of: (i) Preliminary objection regarding maintainability of the complaint raised by the opposite party, and (ii) A Misc. Application made by the complainant for the production of record specified therein by the opposite party.

(2.) The present complaint has been filed by Dr. Ashok Thakur, s/o Mr. S. K. Thakur, deceased. The case of the complainant is that his father S. K. Thakur went to G. M. Modi Hospital, on 1st April, 1996 with minor throat infection. Various tests including Biopsy were carried out. The case of the complainant is that while carrying out Biopsy, the patient's tung was punctured which was discovered in later test and which ultimately resulted in his death on 1st May, 1996. The complainant instituted this complaint on 6.9.1996 claiming compensation against the Hospital as well as Dr. Rajesh Bhatia, ENT Specialist, impleaded as opposite party No.2.

(3.) In the written version filed by respondent No.1, a preliminary objection was taken that the complainant had no locus standi to file the present complaint as the complainant is not covered under the meaning of 'beneficiary' in terms of definition of the 'consumer' contained in the Consumer Protection Act.