How to take legal action against Deficiency in dental service?
2 years ago
I have taken dental treatment service from dental clinic from Aug 2020 and they have provide me metal creamic cap and the amount i have paid 30000 for 15 cap 6 cap remain due to treathment is not complete when they fit 5 cap upper side of left it starting pain they told me wait for 3days they will replace through lab but they not replace after few days again i get heavy pain on that side and they remove the cap given medicine for that after few days when they are fitting the cap cap is not fitting and they charge for new cap 10000 for 5cap and 6 cap that remain on right side they took the impression and trail and few days now again they told me that cap is not fitting you have pay for new on they refuse to repair which i have already paid the payment reason they gave me for refuse that i was not come and dealy that why cap is not fitting and new amount i have to pay but they have not given any reminder and blaming me and cap quality is also poor I want to take legal action advise me what i have to do
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can file a complaint in MCI Medical Council of India. You can also sue doctor under negligence in consumer court. You can also visit regulatory commission for the adjudication of the matter.
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A.Hi,
Anybody can complain or send a suggestion to the Medical Council of India (MCI). In India, one can generally sue a doctor and hospital/nursing home vicariously for negligence under the, the law of contracts, criminal law, consumer protection law. You complaint.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.That dental clinic being a clinical establishment while providing services to you causes injury to you due to negligence as well as due to gross deficiency in service,so it is necessary to file complaint under the Clinical establishment Act( prevailing in your State) read with the Rules framed thereunder before the Adjudicating Authority of that District,and on substantiation of charges, huge compensation will be Ordered.Orders and decisions of the Adjudicating Authority in the Districts shall be appealable before the Clinical Establishment Regulatory Commission of your State.