GEETA INSTITUTE OF LAW, KARHANS

INTRA MOOT COURT MEMORIAL 2020

IN THE HON’BLE DISTRICT CONSUMER COURT OF PANIPAT

TEAM CODE:20

IN THE MATTER OF

MR. CHANDLER APPELLANT

VS

DR. JOEY, GEETA HOSPITAL RESPONDENT

WRITTEN SUBBMISSION ON THE BEHALF OF RESPONDENT

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Table of Contents
LIST OF ABBREVIATIONS 1
INDEX OF AUTHORITIES 2
STATEMENT OF JURISDICTION 3
STATEMENT OF FACTS 4
STATEMENT OF ISSUES 5
SUMMARY OF ARGUMENT 6

ARGUMENTS ADVANCED………………………………………………………………………………………………………………7

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INDEX OF AUTHORITIES

BOOK AND STATUTE

 LAW OF TORTS
 CONSUMER PROTECTION ACT

ONLINE SITES

 SCC ONLINBE
 LATEST LAW
 LEGALSERVICEINDIA.COM
 INDIAN KANOON

CASES

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LIST OF ABBREVATIONS

Abbreviations and Acronyms

 Art. : Article
 Ed. : Edition
 i.e. : that is
 pp./p. : page
 v. : versus
 vol. : Volume
 & : And
 ¶ : Paragraph
 § : Section
 AIR : All India Reporter
 Ed. : Edtion
 Sec : section
 Ltd. : Limited
 Ors. : Others
 SC : Supreme Court
 SCC : Supreme Court Cases
 viz. : Videlicet
 U.O.I. : Union of India
 Govt. : Government

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STATEMENT OF JURISDICTION

The Respondent Respectfully Submit to The Jurisdiction in this matter under

the sections 341 of the Consumer Protection Act, 1986.

STATEMENT OF FACTS
1
Section 34 defines “JURISDICTION OF DISTRICT COMMISSION:
1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain
complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:
Provided that where the Central Government deems it necessary so to do, it may prescribe such other value,
as it deems fit.
(2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction:
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the
institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works
for gain; or
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint,
actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain,
provided that in such case the permission of the District Commission is given; or
(c) the cause of action, wholly or in part, arises; or
(d) the complainant resides or personally works for gain.
(3) The District Commission shall ordinarily function in the district headquarters and may perform its functions
at such other place in the district, as the State Government may, in consultation with the State Commission,
notify in the Official Gazette from time to time.

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1) Dr. Joey is a Well-Established surgeon in Geeta Hospital, Panipat. He is a heart

specialist and had got many awards for his remarkable work in the field of medicine.
He had a cousin, Mr. Chandler, who was his regular patient at the Hospital.
2) Chandler got unwell and called Dr. Joey to Visit him. Meanwhile he advised chandler
to get some tests done at the nearby Friends lab.
3) Dr. Joey visited him in the evening and checked the reports. Chandler was diagnosed
as a NYHA Class IV patient. He suffered from breathlessness, chest pain and had
been previously diagnosed with diabetes, hypertension. Dr. Joey recommended to
undergo CABG (Coronary artery bypass graft) surgery. All the risks and
complications of the surgery were explained to him and necessary consent obtained
thereafter. Chandler requested for the surgery to be conducted at Dr. Joey’s place in
his temporary clinic. Dr. Joey was against it, however after strong persuasion, he
agreed.
4) Dr. Joey had almost all the Equipment’s required for the surgery that he had recently
purchased as he had planned to start his own private clinic. He hired a nurse, Monica,
for assistance. The surgery was Successful and he was wheeled out into post
operational care at his own residence under supervision of Monica guided by Dr.
Joey.
5) During recovery condition, chandler’s position deteriorated. Monica took the
necessary care, but she couldn’t handle the situation and his health worsened. She
tried calling Dr. Joey but he was busy in the hospital and didn’t answer her call.
Chandler developed blisters all over his body which
eventually resulted in being gangrenous, due to his past diabetic history. This resulted
in amputation of his certain fingers and toes.

6) On a later examination it was found that the condition of chandler had deteriorated
because of a sudden drop in his body temperature, which although was a normal post
op complication, but due to past diabetic record of the patient had exaggerated to this
extent.
7) Now, chandler has brought an action against Dr. Joey and Monica for negligence,
breach of duty and claim damages for loss of livelihood.

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ISSUES RAISED

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