Chandigarh High Court rejects Eye Institutes Plea against State consumer Forum’s order.

In this post we will discuss about a case wherein the plea of a Chandigarh based eye institute was rejected by The Chandigarh High Court stating that that the institute, itself having approached the commission, cannot now say that it lacked jurisdiction

As per the reports The Punjab and Haryana high court has dismissed a plea by Grewal Eye Institute, of Sector 9, against a February order of the Chandigarh State Consumer Disputes Redressal Commission.

Consumer Court Order Challenged in High Court Chandigarh
Consumer Court Order Challenged in High Court Chandigarh

This started when the institute had filed a plea in March arguing that it can entertain petitions in certain categories of cases against consumer panel orders.

However, the bench of justice HS Madaan observed that the institute, itself having approached the commission, cannot now say that it lacked jurisdiction. It added that the institute, under the Consumer Protection Act, 1986, can approach the national commission.

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The complainant, Shabnam Khunger, a Chandigarh resident, had approached the consumer forum, stating that she had visited the Sector-9 institute for an eye check-up in October 2017 and was advised a cataract surgery. She was informed about two kinds of surgeries –Phaco or Robolazr – worth Rs 1.49 lakh.

For this, she contacted her insurance firm for cashless treatment, but was allowed treatment worth only Rs 48,000 and her claim of Rs. 1 lakh was rejected. This prompted her to approach the consumer forum.

The insurance firm was of the view that there was no need for a robotic surgery. Hence, the remaining amount was repudiated. The institute had argued that it was the patient who opted for it.

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CONSUMER PROTECTION ACT, 1986

The Consumer Protection Act, 1986 was enacted to protect the interests of the consumers. This is an important landmark legislation in the field of consumer protection as it provides for establishment of three-tier quasi-judicial consumer disputes Redressal machinery at the District, States and National levels to render simple, inexpensive and speedy justice to consumers. The Act also provides for establishment of Consumer Protection Councils at the Central, State and District levels which are Advisory Bodies to promote and protect the rights of consumers.

As per the reports Upholding an order of the district consumer forum, the commission had directed the institute to pay Rs 1 lakh to a Chandigarh resident. The forum had then ordered that the insurance firm was liable to pay the entire amount, and penalised the eye institute for “unfair trade practices” by directing it to pay the complainant Rs 1 lakh.

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This post was written by- Bharti Verma

For case specific advice/details contact TOP/BEST/EXPERT Medical Negligence Consumer Court Lawyers in Chandigarh, Panchkula and Mohali Tri-City area.

More on 99888-17966.