Authority: Supreme Court of India

Order Date: 19 August 2026

Case Overview

  • Parties: Master Devarsh Jain & Anr. (Appellants) vs. Fortis Hospital & Ors. (Respondents).
  • Civil Appeal No.: 13029 of 2025, heard by Hon'ble Justices Sanjay Kumar and Sanjeev Sachdeva.
  • Background: The appeal stems from the final order dated 17‑03‑2025 passed by the National Consumer Disputes Redressal Commission (NCDRC), Consumer Complaint Diary No. 1941/NCDRC/2025‑CC. The NCDRC held that the relief sought—investigation into the qualifications of specialist doctors and related class‑action claims—should be pursued before the Central Consumer Protection Authority (CCPA) under Chapter III of the Consumer Protection Act, 2019.
  • NCDRC Observation (para 38): The complaint should be consigned without prejudice to the complainants’ right to approach the competent forum; the matter is better dealt with by the CCPA.
  • Prayer of the Petitioners before NCDRC:

1. Direct the respondents to discontinue unfair trade practices of misrepresenting qualifications of doctors (OP Nos. 2 and 3) which endanger child patients.

2. Refund charges paid by the entire class of consumers, conservatively estimated at ₹1,350 crore, with interest, and deposit any unclaimed amounts into the Consumer Fund.

3. Compensate the class for loss and injury caused by alleged negligence, malicious conduct, and deficiency of services by the “unqualified doctors”.

4. Order a safety audit of all Fortis branches across states to evaluate doctor qualifications and prevent malpractice.

5. Any other relief deemed fit.

  • Quantification of Individual Damages (Paragraph 25): The complaint detailed compensation heads, including:
  • Nursing care (8‑hour, 3‑shifts/day): Rs 2,400 per day.
  • Washerwomen and Aaya: Rs 500 per day.
  • Physiotherapy/occupational therapy: Rs 1,000 per day.
  • Extra nourishment: Rs 500 per day.
  • Doctor, medicines, consumables: Rs 10,000 per month.
  • Assisting equipment: Rs 50,000 per month.
  • Future continuous medical aid & rehabilitation: Rs 1 crore.
  • Past expenses: Rs 50,000 per month.
  • Severe mental and physical disabilities (paralysis, muteness, vision impairment, etc.): Rs 5 crore.
  • Loss of only child in vegetative state since 2018: Rs 2 crore.
  • The court noted that claims under heads 1‑6 may be awarded, with adjustments for inflation.
  • Supreme Court Observations:
  • The nature of the prayers includes both class‑action and personal relief; appellants should approach the appropriate forum for personal grievances and the designated authority for class‑action reliefs.
  • The Court urged the forum/authority to expedite the process and decide matters in accordance with law.
  • The issue of limitation periods must be considered, given the time spent before NCDRC and this Court.
  • The Court expressly refrained from expressing any opinion on the merits, leaving all issues open for determination by the appropriate forum.

Final Outcome

  • The appeal is disposed of as per the signed order dated 19‑08‑2026.
  • All pending applications, if any, are also disposed of.
  • No substantive judgment on the merits of the allegations against Fortis Hospital is rendered; the matter is remitted to the appropriate consumer protection forum.

Topics: Consumer Protection, Healthcare Regulation