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Issues: Whether a consumer complaint alleging medical negligence against a hospital can be dismissed for non-joinder of the treating doctor, nursing staff, or other attending medical personnel as necessary parties.
Analysis: The complaint was directed against the hospital and the Court held that, under the Consumer Protection Act, 1986 and the Consumer Protection Rules, 1987, the complainant is required to identify opposite parties so far as they can be ascertained, but the scheme of the Act does not make impleadment of every treating doctor or staff member a condition precedent for maintainability. The procedural provisions of the Act incorporate civil court powers only to a limited extent, and the Code of Civil Procedure does not authorise dismissal of a claim merely because some persons who may have participated in treatment were not joined. The hospital is the service provider in control of the treatment process, and in a case of alleged medical negligence the claimant cannot be made to bear the impossible burden of identifying and impleading every doctor or nurse involved. The hospital may meet the case by producing the treating doctor and other evidence in defence, and the claim must be decided on merits.
Conclusion: The complaint could not be dismissed for non-joinder of the treating doctor or nursing staff, and the dismissal order was incorrect.
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