CWP No.16873 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16873 of 2011 Date of Decision: 21.10.2011 Vijay Ghai ..... Petitioner Versus The Union of India and others ..... Respondents CORAM:- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr. Berjeshwar S.Jaswal, Advocate, for the petitioner. M.M. KUMAR, ACJ. 1. The prayer in the instant petition is for issuance of direction to respondent Nos.1 to 3 to take action against respondent nos.6 to 8 who are the Doctors and respondent No.9 which is the Medical Institute for conducting unnecessary surgery upon the father of the petitioner which resulted in his death. 2. The averments made in the petition proceed on the assumption that there was negligence on the part of the doctors and the Institute. However, it is vital finding of fact which has to be determined at an appropriate forum as it would be highly difficult to record such findings after recording the evidence, in exercise of its writ jurisdiction. 3. Therefore, we deem it appropriate to relegate the petitioner to efficacious alternative remedy. The petitioner, if so advised, may approach CWP No.16873 of 2011 -2- the District/State Consumer Court for redressal of his grievance or adopt any other remedy in accordance with law. 4. The present writ petition is dismissed with liberty aforesaid. (M.M. KUMAR) ACTING CHIEF JUSTICE (RAJIV NARAIN RAINA) JUDGE 21.10.2011 manju