Natural justice in medical consumer disputes requires full records before expert opinion is relied on

Expert opinion in medically specialised consumer disputes has evidentiary value only when the expert is given the complete treatment record. Where the Commission had directed that records and X-ray films be sent but they were omitted because of an office lapse, the complainant was denied a fair opportunity to support the claim. That defect affected the fairness of the proceedings and engaged natural justice. The order could not be sustained, and the matter was remitted for fresh decision after obtaining opinion on the complete record.

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Issues: Whether the dismissal of the consumer complaint could be sustained when the complainant was denied a fair opportunity to have the medical records duly placed before the expert whose opinion was sought by the Commission.

Analysis: Expert opinion assumes significance in medically specialised disputes, and the evidentiary value of such opinion depends upon the materials made available to the expert. Where the Commission itself had directed that the treatment records be sent to the expert, but the records and X-ray films were not forwarded due to an omission in the Commission's office, the complainant was deprived of a meaningful opportunity to support the claim. In such circumstances, the defect went to the fairness of the proceedings, and the complainant ought not to suffer for the administrative lapse. The principles of natural justice required that the expert be supplied the complete record before the matter was finally decided.

Conclusion: The impugned order could not be sustained, and the appeal was allowed by setting aside the order of the National Commission and remitting the matter for fresh decision after obtaining the expert opinion on the complete record.

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