Shri Sarvesh Kumar Singh and others have filed this complaint before this Commission, for short complainants against Kailash Health Care Hospital and others, hereinafter referred to as OPs, alleging medical negligence leading to the death of his wife causing disruption in the entire family as the deceased is survived by two infant children apart from her husband, the complainant herein.

The hospital of the OP is at Noida. The cause of action in the matter arose at Noida where the treatment was done to the wife of the complainant.

NCDRC to put it in simple language, the complainants are agitating that the word “or” in sub-section 2(a) and in sub-section 2(b) of section 17 of the Act 1986 enables them to file their complaint before the State Commission at Delhi since the O.P.No.1 head office is located at Delhi. [Para 8]

The cause of action in the given case has arisen at Noida, an important component for reaching to a conclusion regarding territorial jurisdiction. We are accordingly of the considered view that the objection raised by the OP to this effect is just and proper and therefore the complaint cannot be tried and entertained in this commission at Delhi for want of territorial jurisdiction. We accordingly order return of the complaint for filing it before the Fora enjoying the territorial jurisdiction.

SCDRC, Delhi clarified that however we reserve the rights of the complainants to approach the appropriate Fora to seek their remedy if so advised. They may take the advantage of the ruling of the Supreme Court in the case of Laxmi Engineering Works vs. PSG Industrial Institute (1995) 3 SCC 583 to seek exclusion of the time spent in prosecuting the complaint before the Commission.