logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 SC 321 print Preview print Next print
Court : Supreme Court of India
Case No : Petition(s) for Special Leave to Appeal (C) Nos. 33646-33647 of 2018
Judges: THE HONOURABLE MR. JUSTICE J.K. MAHESHWARI & THE HONOURABLE MR. JUSTICE ATUL S. CHANDURKAR
Parties : Kumud Lall Versus Suresh Chandra Roy (Dead) Thr Lrs & Others\r\n
Appearing Advocates : For the Petitioner: ------ For the Respondents: -----
Date of Judgment : 13-01-2026
Head Note :-
Consumer Protection Act, 1986 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Consumer Protection Act, 1986

2. Catch Words:
- negligence
- consumer complaint
- estate liability
- legal heirs
- amendment
- amicus curiae
- revision
- National Consumer Disputes Redressal Commission
- District Consumer Disputes Redressal Forum
- State Consumer Disputes Redressal Commission

3. Summary:
The case involves a consumer complaint alleging medical negligence, initially allowed by the District Consumer Disputes Redressal Forum and later set aside by the State Commission. While a revision petition was pending before the National Consumer Disputes Redressal Commission, both the doctor and the complainant died. The court considered the applicability of the Consumer Protection Act, 1986 and its successor legislation concerning liability of the deceased doctor's estate. To assist in addressing the complex legal issues, the court appointed Mr. Raghenth Basant as amicus curiae, with Mr. Varun Kapoor as counsel. The amicus is directed to receive relevant documents and submit a brief note before the next hearing. Further orders are scheduled for 03 February 2026, after pending bail matters.

4. Conclusion:
Petition Allowed
Judgment :-

1. In the facts, it is seen that a Consumer Complaint was filed for negligence of a Doctor which was allowed by the District Consumer Disputes Redressal Forum, though set aside by the State Consumer Disputes Redressal Commission. However, during the pendency of Revision preferred by the family of the consumer before National Consumer Disputes Redressal Commission, the Doctor died. Subsequently, the complainant, i.e., the person against whom the negligence has been alleged, has also died.

2. The Consumer Protection Act, 1986 was in existence on the date of cause of action, and amended later, which is now replaced by new Act. However, in such circumstances, as per the provisions of the new Act, what would be the fate of the complaint may be looked into. It has to be addressed that for the negligence by a person, the estate of such person may be liable for compensation through legal heirs.

3. Considering the issue as involved, the case is having wide ramifications, we deem it appropriate to appoint Mr. Raghenth Basant, learned senior counsel and Mr. Varun Kapoor, learned counsel, to assist the Court as Amicus Curiae.

4. The relevant documents be supplied by the learned counsel for the petitioner to Mr. Raghenth Basant, Amicus Curiae, who may prepare a brief note and file the same on or before the next date.

5. List for further orders on 03rd February, 2026. The case will be taken up immediately after fresh/bail matters.

 
  CDJLawJournal