1. The case is at the stage of further arguments which have been heard and file has been perused in the light of the arguments as such I proceed to discuss and decide and dispose off the matter in accordance with the findings in the following paragraphs.
2. Briefly stated the version of the claimant is to the effect that his wife was not properly treated by the defendants during surgical operation about birth of child by leaving the sponge in the abdomen which remained the cause of severe pain requiring further treatment. He has demanded the payment of Rs.15,55,000/- with litigation charges as compensation.
3. The defendants have contested the complaint by filing joint written statement of defendants No.1 & 2 and separate written statement of defendant No.3 containing various preliminary and legal objections and denied their liability and requested for dismissal of the complaint by mainly objecting to the jurisdiction of this court.
4. I have observed from perusal of the copy of the latest law included in the file of the present complaint that immunity is provided in S.29 and bar of jurisdiction is provided in S.30 of "The Punjab Healthcare Commission Act, 2010.
5. The forum for the filing of the complaint is designated u/s S.4(7) of the said Act as the Commission with the powers to "undertake investigation into allegations of maladministration, malpractice or failures on the part of a healthcare service provider, or any employee of the healthcare service provider".
6. A healthcare service provider may be held guilty of medical negligent u/s 19; while the procedure of investigation has been provided u/s 23 of the said Act. The aggrieved person is required within sixty days from the knowledge of the cause of action to file a complaint against a healthcare service provider or healthcare establishment by submitting an application in writing supported by an affidavit of the aggrieved person. The Commission has the power to impose fine which may extend to five hundred thousand rupees by keeping in view the gravity f the offence u/s 28(1). If the complaint is proved false, the Commission may impose fine which may extend to two hundred thousand rupees upon the complainant u/s 28(3). It is provided in S.29 that; "No suit, prosecution or other legal proceedings related to the provision of healthcare services shall lie against a healthcare service provider except under this Act". It is provided by S.30 that no court other than the court of District and Sessions Judge shall have jurisdiction to question the validity of any action as enumerated in said section. Any person aggrieved by the order of the Commission may prefer an appeal in writing to the District and Sessions Judge u/s 31.
7. It is now to be determined by the Commission that if the claimant is the aggrieved person under the rules about the complication caused to his wife or if the wife should herself become the complainant.
8. The law has therefore become clear that the jurisdiction of this court has been barred by the said Act relating to such cases which have occurred after the pronouncement of the said Act. The present case is alleged to have occurred on 05-03-2011 while the said Act was published in the official gazette after having assent of the Governor on 02 08-2010 as such the present case is within the jurisdiction of the Commission established under the said Act.
9. The complaint is therefore deemed to be disposed off by sending a copy of the complete file to the Secretary Health Punjab Lahore for onward transmission to the Healthcare Commission.
10. The photo copy of the file of the present complaint is to be forwarded to the Secretary, Health Department, Punjab Secretariat Lahore for necessary action.
11. A copy of this order is directed to be made available for publishing on the internet to the website of Punjab Consumer Protection Council Secretariat, 135-J, Model Town, Lahore for public disclosure and easy access of information to the consumers relating to the products and services in accordance with Rule 25 of PCP Rules, 2009.
12. The file is to be consigned to the record room of this court duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody till the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.