AICL Cases 2018

Order of DCF against AICL member without appreciating the evidence on record and without considering the regulations 2002 was set aside at appeal stage.


The complainant filed a consumer complaint against the OPs (AICL member) for compensation of Rs. 4, 53,000/- alleging medical negligence as the complainant was under the treatment of OPs during her pregnancy.
The learned DCF at bhojpur, Arrah, vides order dated 10/09/2015 partially allowed the complaint, even though no negligence was concluded on part of appellant (AICL member) in giving medical treatment, the compensation was allowed only on the ground that the appellant did not give the details of the treatment.
The appellant filed an appeal against order dated passed by the District consumer forum, whereby the order was passed without appreciating the evidence on record and without considering the regulations 2002 and without appreciating the principles settled by honble commission.
The learned state commission held that, the details of the treatment and medicines prescribed are mentioned in the records of Nursing home, what more is required to be mentioned is neither mentioned in the complaint nor stated on behalf of complainant. Thus the appeal was allowed and order of DCF set aside.