Lawstreet Journal

'Karta' of Joint Hindu Family Cannot File Consumer Complaint for Deficiency in Service Regarding Treatment Given to Pregnant Sister-in-law' : Supreme Court

Lawstreet Journal 22 Sep 2021 5:59pm

Image courtesy: Lawstreet Journal Judiciary 'Karta' of Joint Hindu Family Cannot File Consumer Complaint for Deficiency in Service Regarding Treatment Given to Pregnant Sister-in-law' : Supreme Court

On 19th September 2021, the Supreme Court observed that the complaint filed by the “KARTA” of a Hindu joint family in respect to the treatment given to her by the hospital when she was pregnant cannot be entertained.

The Division bench of Justice Hemant Gupta and Justice V Ramasubramanian observed that the concept of Hindu joint family does not extend to the treatment of pregnant sister in law.

In this case, the karta of a hindu joint family Jaganarayan filed a consumer complaint regarding the treatment of his pregnant sister in law against a clinic alleging deficiency in service regarding the treatment given to his pregnant sister-in-law Kiran Srivastava. 

He stated in the complaint that he availed the services for consideration on behalf of his sister-in-law, being the Karta of Joint Hindu Family. The dismissal of complaint was upheld by the National Consumer Disputes Redressal Commission.

The appellant is the brother-in-law of one Kiran Srivastava, who was four months’ pregnant when she was taken for treatment to the clinic of the respondent on 22 December 2001. It was held that it not necessary to examine the allegations on merits, however, the question required to be examined is as to whether the appellant could file a complaint in respect of deficiency in service on part of the respondent Doctor Girjia Tiwari regarding the treatment given to his sister-in-law Kiran Srivastava. 

The argument of the appellant is that his brother is a Constable and, therefore, the appellant had availed the services for… Continue Reading...


Tagged: Hindu Family Law   Supreme Court of India  
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