• Query regarding a medical negligence case

My father died in a hospital in Chennai, Tamilnadu(2022). I want to file a Medical Negligence case. Our hometown is Nellore, Andhra Pradesh. I stay in Hyderabad, Telangana for my educational purposes. Can I file the case in Hyderabad (Telangana) High Court as I am staying in Hyderabad? Compensation to be claimed: 3crores!
Asked 14 days ago in Civil Law

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13 Answers

1) you have to file case in Chennai only as father died in Chennai hospital .

 

2) you cannot file case in Hyderabad 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

It has to be file in Chennai, TN consumer court only. But now you can file FIR of medical negligence in Hyderabad also as per new penal act. 

Yogendra Singh Rajawat
Advocate, Jaipur
22780 Answers
31 Consultations

4.4 on 5.0

The case has to be filed in Chennai, Tamilnadu due to the jurisdiction of his death and not in Hyderabad. 

Shashidhar S. Sastry
Advocate, Bangalore
5212 Answers
323 Consultations

5.0 on 5.0

- Since, your father has died in the hospital in Chennai , then the cause of action arose there , it means that the case will be filed in Chennai only. 

- Further, you can file this case before the State Commission of Chennai , where you father was residing. 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

Dear Client,

To file a medical negligence case, jurisdiction matters. Generally, the case should be filed where the cause of action arose, which in this instance is Chennai, Tamil Nadu, where your father died in the hospital. Therefore, the appropriate forum would be the court in Chennai, not Hyderabad, even though you reside there for educational purposes.

For a claim of Rs 3 crore, the case would fall under the jurisdiction of a higher court. In Tamil Nadu, you would typically approach either the State Consumer Disputes Redressal Commission or the relevant High Court, depending on the specifics of the case and the legal advice you receive.

It's advisable to consult with a legal expert who can guide you on the correct jurisdiction and procedural aspects of filing a medical negligence case of this magnitude.

Anik Miu
Advocate, Bangalore
9406 Answers
112 Consultations

4.9 on 5.0

The incident reported to have been taken place at Chennai which is called as 'cause of action'.

Therefore the jurisdiction to file consumer complaint for medical negligence will be in the place where the cause of action arose, i.e., at Chennai and not any other place

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

No such can be filed in Hyderabad.

Only in Chennai where the cause of action arise such case can be filed.

Devajyoti Barman
Advocate, Kolkata
22986 Answers
500 Consultations

5.0 on 5.0

As per the consumer protection law, you can file in the place where you reside or work.

G.Rajaganapathy

Advocate

High Court of Madras.

Rajaganapathy Ganesan
Advocate, Chennai
2152 Answers
8 Consultations

4.9 on 5.0

A complaint can be filed in 1) the District Forum if the value of services and compensation claimed is less than 20 lakh rupees, 2) before the State Commission, if the value of the goods or services and the compensation claimed does not exceed more than 1 crore rupees, or 3) in the National Commission, if the value of the goods or services and the compensation exceeds more than 1 crore rupee

 

2) complaint shall be instituted in a Consumer Forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, arises.

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

If there was no cause of action then in the place of complainant no such consumer case can be filed. 

Devajyoti Barman
Advocate, Kolkata
22986 Answers
500 Consultations

5.0 on 5.0

A complaint shall be instituted in a Consumer Forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, arises.

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

Dear Client,

Under the Consumer Protection Act, 2019, a consumer can file a complaint in the district forum (District Consumer Disputes Redressal Commission) within the local limits of whose jurisdiction:

1. The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
2. The cause of action, wholly or in part, arises.

As per Section 34(2)(d) of the Consumer Protection Act, 2019, the place of filing a complaint includes the place where the complainant resides or personally works for gain at the time of the institution of the complaint.

This provision is intended to provide convenience to the consumer, ensuring they do not have to travel to a different location to file their complaint, thus facilitating easier access to consumer justice.

 

Hope this helps!

Anik Miu
Advocate, Bangalore
9406 Answers
112 Consultations

4.9 on 5.0

- Cause of action arose in Chennai , hence the compliant can be filed in that jurisdiction only. 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

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