Hon'ble Judges/Coram:
B.N. Agrawal and A.K. Mathur

JUDGMENT

A.K. Mathur, J.

1. This appeal is directed against the order passed by the National Consumer Disputes Redressal Commission (hereinafter to be referred to as 'the Commission'), New Delhi whereby the Commission has dismissed the original petition of the appellant on the ground of non-joinder of necessary parties.

2. Brief facts which are necessary for disposal of this appeal are as follows.

The appellant is the wife of one deceased A.K. Garg who was admitted to the National Heart Institute (hereinafter referred to as 'the Institute') for medical treatment and because of the negligence of the doctors of the Institute he could not get proper medical treatment and ultimately he died. The deceased A.K. Garg was employed as Electrical Engineer in I.D.P.L, Vir Bhadra (Rishikesh). The deceased was drawing a salary of Rs. 8000/- per month at the time of his death. He left behind his family members namely; (i) Smt. Savit Garg (wife), (ii) Smt. Sushila Garg (mother), (iii) Shri Ankul Garg (son), (iv) Miss. Ruchi (daughter), (v) Shri Sauragh (son) and (vi) Anoop Garg (brother). Prior to the admission of the deceased, A.K. Garg in the Institute he was being treated at G.B. Pant Hospital and he did not improve there, therefore, his case was referred to the Institute by his employer, IDPL. The deceased was admitted for angiography's on 4.7.1994 and a sum of Rs. 14,000/- was deposited for his treatment. He was discharged on 5.7.1994 after angiography's. Again he was admitted on 2.8.1994 at 11.15 A.M. and remained there till 9.8.1994 and ultimately died at the Institute. It was alleged that on 3.8.1994 he was operated and was brought to the Intensive Care Unit of the Institute. No attendant was allowed to see the patient except through the glass windows of I.C.U. The deceased was operated twice by Dr. O.P. Yadav of the Institute for his treatment. It is further alleged that Dr. O.P. Yadav was too much worried and perturbed after the deceased's operation. On the said day i.e. on 3.8.1994, 8 bottles of blood were transfused in the body of the deceased and even on 4.8.1994 another 8 bottles of blood were demanded by the Doctors of the Institute and the same was somehow arranged. The deceased is said to have developed jaundice may be because of wrong transfusion or extra transfusion of blood. It is further alleged that the deceased developed septic and as the septic in the bone became incurable, therefore a Doctor from Batra Hospital was called for to amputate one leg of the deceased A.K. Garg. Thereafter , as it was reported to be case of kidney failure, the deceased was put on dialysis. However, on 9.8.1994 at 2.30 hours the deceased was declared dead. Therefore, a complaint was filed before the Commission claiming a sum of Rs. 45 lacs, the details of which have already been given in the complaint. The appellant has detailed the reasons for the negligence in her original petition filed before the Commission. An affidavit in opposition was filed by the Institute and they denied the allegations of negligence and pointed out that all proper care was taken, there is no negligence on the part of the Institute. An objection was also taken that the provisions as contained in the Consumer Protection Act, 1986 do not satisfy the requirement of a complaint as defined under the Act as it does not disclose any deficiency. The Institute also challenged the jurisdiction of the Commission to entertain the said original petition.