The Apex Court held that a Karta of a Joint Hindu Family cannot file a consumer complaint about the lack of services of the Hospital or a Doctor related to the treatment given to his pregnant sister-in-law.
In this case, a ‘Karta’ of a Joint Hindu Family filed a consumer complaint against a clinic alleging negligence in services concerning the treatment given to his pregnant sister-in-law. He asserted in his complaint that being the Karta of the Joint Hindu Family, he took the services for consideration on behalf of his sister-in-law. The NCDRC upheld the dismissal of the complaint.
The bench noted that a complainant refers to any individual who takes any services for consideration and which has been paid or promised or partly paid and partly promised and involves a beneficiary of services. The court added that the notion of Joint Hindu Family does not expand to the treatment of a pregnant sister-in-law. The court marked that the issue of maintainability of the complaint extends to the root of the case, and thus it was dismissed.
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