LI Network
Published on: December 23, 2023 at 00:48 IST
The National Consumer Disputes Redressal Commission (NCDRC), New Delhi bench, headed by Dr Inder Jit Singh (Presiding Member), has dismissed a revision petition filed by Kalinga Eye Hospital and Research Centre.
The decision underscores the NCDRC’s restricted revisional jurisdiction, exercisable solely in cases involving illegality, material irregularity, or jurisdictional errors in the orders of the State Commission. The NCDRC carefully considered arguments from both parties and found no grounds to interfere with the rulings of the District Commission, Deogarh, and the State Commission, Odisha.
Background:
Kalinga Eye Hospital and Research Centre organized a ‘Free Eye Camp’ in Deogarh District Head Quarters Hospital in December 2009, receiving financial support from the government. A complainant underwent eye surgery under this program but later claimed to have lost vision in his left eye. Subsequently, he filed a consumer complaint in the District Consumer Disputes Redressal Commission, Deogarh, Odisha.
The District Commission ruled in favor of the complainant, ordering the hospital to pay Rs. 2 lakhs for the loss of vision and Rs. 2,000 for litigation costs. The hospital appealed to the State Commission, which upheld the District Commission’s order.
Revision Petition and NCDRC Observations:
Feeling aggrieved, the hospital filed a revision petition with the NCDRC, arguing that the complainant failed to follow post-discharge instructions. The complainant contended that the hospital’s lack of records constituted deficient service. The NCDRC, referring to precedent, emphasized its extremely limited revisional jurisdiction, exercisable only in specific circumstances of jurisdictional error, illegality, or material irregularity in the State Commission’s order.
In this case, the NCDRC found no grounds to interfere, asserting that the decisions by the District and State Commissions were devoid of any illegality, material irregularity, or jurisdictional error within its limited purview. Consequently, the revision petition was dismissed.
Case Title: Kalinga Eye Hospital vs Bhabagrahi Sahu and Anr.