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No Right to Operation by BAMS Doctor: NCDRC?

No Right to Operation by BAMS Doctor: NCDRC?

By: Prof. (Dr.) Mukesh Yadav Published Date: 15-10-2019 DOI : 10.13140/RG.2.2.25141.01769 Issue Date: 15-10-2019

A BAMS Doctor performed operation leading to complication of Intestinal Perforation, in a case of Miscarriage, District Consumer court awarded Compensation.

Alleging deficiency in service by the Petitioner, Complaint  No.177/2013 was filed before the District Consumer Disputes Redressal Forum, Gazipur (“the District Forum”), which concluded that the Petitioner, being an Ayurvedic doctor, was not competent to perform any kind of surgery and allowed the Complaint with a direction to the Petitioner to pay ₹3,75,000/- to the Respondents towards compensation and costs within two months from the date of the order failing which interest @ 9% per annum shall be paid on the said amount.

        Being aggrieved by the order passed by the District Forum, Petitioner filed Appeal before the State Commission, which has been dismissed.

        There is a delay of 633 days in filing the present Revision Petition, which is over and above the period of 90 days statutorily given to file the Revision Petition. NCDRC concluded that the delay of 633 days cannot be condoned without sufficient cause being shown. Application for condonation of delay is dismissed.   Consequently, the Revision Petition is dismissed as barred by limitation.

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