In the present case, an appeal was filed assailing the order passed by National Consumer Disputes Redressal Commission, Delhi (‘NCDRC’) whereby it was held that, there was no liability attached to the Nursing Home, Chandigarh (‘nursing home’) for the death of Respondent 1’s wife and his new born son, and the entire responsibility of paying Rs. 20,26,000 was upon the Obstetrician/Gynaecologist, consulted by Respondent 1 and his wife. The Division Bench of Sanjay Kumar* and Satish Chandra Sharma, JJ., stated that the entire focus of NCDRC was only upon the antenatal care and management of the patient, which was never the subject matter of the complaint case. In doing so, the NCDRC overstepped its power and jurisdiction, as it was not for it to travel beyond the pleadings and build up a new case on its own. Thus, the Court stated that the NCDRC clearly transgressed its jurisdiction in building a new case for the complainants, contrary to their pleadings. Accordingly, the Court set aside the impugned order passed by NCDRC, stated that Respondent 1 should return and refund the sum of 10,00,000 received by him, to Obstetrician/Gynaecologist, ‘Dr. G’ and the insurer, New India Assurance Company Ltd....
https://www.scconline.com/blog/post/2025/09/12/sc-directs-rs-10-lakh-refund-to-doctor-in-medical-negligence-case/