My wife consulted a doctor for pain in the abdomen and as per his advice, she did blood and other tests, including sonography, on June 4, 2022, which revealed a big fibroid. He therefore suggested removal of the uterus. My wife was admitted on June 6 and was operated on the next day. As she was obese and her blood group was A negative, I asked the doctor if we need to get the blood. I was told that she won’t need any blood. During the operation, I was called by the doctor and was asked to get four bottles of blood urgently. Somehow, I managed to get three bottles, as it was a rare blood group. But unfortunately, even before the third bottle of blood could be given, my wife took her last breath. Later on, I was told that the operation was very difficult as there were a lot of adhesions inside and she had uncontrollable bleeding. What action can I take against this doctor?
Naman Joshi (name changed)
On the basis of facts given by you there appears to be clear negligence on part of the doctor.
The patient being obese and of a rare blood group, the doctor should not have started the surgery without ensuring availability of adequate blood. Not taking such precautions amounts to an act of gross negligence. The bleeding appears to be the proximate cause of death, which could have been avoided by ensuring adequate supply of blood. This view was taken by the National Consumer Grievances Redressal Commission, and confirmed by the Supreme Court in a similar case of (Dr (Mrs) Rashmi Fadnavis & another v. Mumbai Grahak Panchayat & others. You can therefore file a complaint in the District Consumer Forum.
In case of medical negligence, along with all your case papers, expert opinion of senior and independent doctor of same faculty is required to prove the allegation of medical negligence. Many times, it is difficult to get such expert opinion from doctors because of peer pressure. In that case, you will have to cite the authority of reputed medical books and journals.
I have purchased an apartment along with a place for car parking. I have paid Rs 4.34 crore, out of total consideration of Rs 4.5 crore. An agreement for sale was executed on April 28, 2015, and duly registered the same on May 6, 2015. The date of possession as per this agreement was April 2018. When I approached the builder asking for compensation for such a long delay, he refused. He said he has revised the date of possession on MahaRERA website with their approval as August 2025. What legal remedies do I have against this builder?
Ashish Ganatra, Mulund
There are many cases like yours where the builders have indicated some date of possession in the agreement and later on changed the date with MahaRERA’s consent. However, in such cases no builder can refuse to compensate the home-buyers for the delay, which begins from the date of possession originally given in the agreement for sale.
There are several judgments of the Maharashtra Appellate Tribunal on this issue. Section 18 of the RERA Act gives right to the home-buyers to claim interest from builders on the amount paid by them. Home-buyers like you who willingly continue in the project despite delay are entitled to claim interest on the total amount they have paid, at the rate of MCLR rate + 2%. This interest is to be worked out from the promised date of possession as shown in the agreement till the date of possession.
However, to claim this interest, you need not wait till the date of possession but can file the case after serving one formal notice. MahaRERA in such case will direct the builder to pay you interest till the date of the order and direct the builder to pay you further interest every month till the date of actual possession with Occupation Certificate.
Alternatively, before filing your complaint with MahaRERA, you can opt for conciliation before the conciliation panel of MahaRERA. In case your dispute is not resolved by conciliation, an option of filing a complaint before MahaRERA remains open for you.
You may file a complaint before the National Consumer Disputes Redressal Commission for getting possession along with cost and compensation. But you will have to choose one – MahaRERA or NCDRC. You cannot file your complaint simultaneously at both the places.
(Dr Archana Sabnis is an expert on consumer laws who is practising at consumer disputes redressal fora at district, state and national levels since 2000. She is on the panel of conciliators of Maha RERA and is associated with the Mumbai Grahak Panchayat.)
