'Karta' Of Joint Hindu Family Cannot File Consumer Complaint In Respect Of Deficiency In Service Regarding Treatment Given To His Pregnant Sister-in-law: Supreme Court

The Supreme Court observed that a Karta of a Joint Hindu Family cannot file a consumer complaint in respect of deficiency in service on part of the Hospital/Doctor regarding the treatment given to his pregnant sister-in-law.

The concept of Joint Hindu Family does not extend to the treatment of a pregnant sister-in-law, the bench of Justices Hemant Gupta and V. Ramasubramanian observed.

In this case, a 'karta' of a Joint Hindu Family filed a consumer complaint 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.

Referring to the provisions of the Consumer Protection Act, 1986, the bench noted that a complainant means any person who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised and includes a beneficiary of services.

"The brother-in-law of a pregnant woman would not be a beneficiary of any services rendered by the respondent. There is no allegation that he has paid or promised any consideration for engaging the services of the respondent. The only assertion in the complaint is that he is the 'Karta' of a Joint Hindu Family, therefore, he is entitled to file a complaint on account of the alleged deficiency of service by the respondent.", the court noted.

The court added that the concept of Joint Hindu Family does not extend to the treatment of a pregnant sister-in-law. 

"The appellant herein is the 'Karta' of a Joint Hindu Family. He cannot be said to be availing the services of a medical practitioner in respect of the pregnancy of his sister-in-law. The concept of Joint Hindu Family does not extend to the treatment of a pregnant sister-in-law.", the bench observed.

The court noted in this case the issue of maintainability of the complaint goes to the root of the case. Thus, the appeal was dismissed.

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