Notice in consumer complaint
Udit
(Querist) 14 October 2019
This query is : Resolved
Sir/madam, My brother in law died due to negligency of the doctor of a govt. hospital. I m going to file a complaint against this medical negligency in the national commission of consumer forum. My ques. are that- 1. Is it mandatory to issue notice to all of them before filing a complaint and if it is not mandatory, even then should i serve notice to all the opposite parties before filing complaint. 2. How much days notice is mandatory to serve? Would a 15 days' notice would be sufficient amd as per law. 3. How much cud be the amount of claim as my brother in law was in govt. service and his salary was Rs. 90,000/-per month and the govt. is now providing monthly pension to the family that is around half of his salary i.e. Rs. 42000/-. 4. Has the new consumer protection act, 2019 been applied or the case will be filed under the proviaions of old consumer protection act 1986.
Please advice. Regards and thanks...
Isaac Gabriel
(Expert) 15 October 2019
Has the new Act been notified in your state? If notified, you can invoke the provisions as per which damages and compensation up to one crore could could be filed.
Isaac Gabriel
(Expert) 15 October 2019
Has the new Act been notified in your state? If notified, you can invoke the provisions as per which damages and compensation up to one crore could could be filed.
KISHAN DUTT KALASKAR
(Expert) 15 October 2019
Dear Sir,
Normally against private parties 15 days notice is sufficient but in case of Government Agencies notice has to be served under Section 80(1) of Civil Procedure Code which requires of 60 days notice.
RAVI K GOUD
(Expert) 15 October 2019
As per your saying, its a Govt. Hospital. So obviously it comes under Govt. either state or central.
As Kishan Dutt sir said it is mandatory to give a 60 days notice u/s. 80(1) CPC and then you can file a complaint before the appropriate forum/commission depending on your claim (it is up to you to claim any amount). But its limitation period is 2 years from the last cause of action.
All the Best.
Dr J C Vashista
(Expert) 17 October 2019
There is no requirement of notice u/s 80 (c) CPC for filing a consumer complaint before NCDRC.
Medical negligence claim may be preferred within 2 years of incident.
You are to quantify the amount of claim which you can justify.
It would be advisable to consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939 or visit: vakil-saab.com
