Moses Pinto v. Victor Hospital
Case brief
What is this about?
In an information filed under Section 19(1)(a) alleging contraventions of Sections 3 and 4 of the Competition Act, 2002, the Commission held that misleading consumers regarding a surgeon's registration and false advertising do not raise competition issues. Accordingly, the investigation was closed under Section 26(2).
What did the court decide?
The Commission held that there is no prima facie case warranting an inquiry and directed the Information to be closed forthwith under Section 26(2) of the Act.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMPETITION COMMISSION OF INDIA
Case No. 29 of 2024
In Re: Moses Pinto …..Informant H. No. 908 Lane 2, Vidhyanagar Margao, South Goa Goa – 403 601. And Victor Hospital ….. Opposite Party Old Station Rd. Near Carmelite Monastery, Malbhat, Margao Goa – 403 601. CORAM: Ms. Ravneet Kaur Chairperson Ms. Sweta Kakkad Member
Mr. Deepak Anurag Member
Order under Section 26(2) of the Competition Act, 2002
- The present Information has been filed by Moses Pinto (‘Informant’) under Section 19(1)(a) of the Competition Act, 2002 (‘Act’), against Victor Hospital (‘Opposite Party’/‘OP’ ) inter alia alleging contravention of the provisions of Sections 3 and 4 of the Act.
Page 1 of 5
Case No. 29 of 2024
- The Informant has submitted that on 01.08.2023 he was admitted to OP’s hospital for the symptoms indicative of acute appendicitis under the care of Dr. Rajesh S. Javherani. It was decided that the Informant will have to undergo a Laparoscopic Appendectomy, which was subsequently performed by Dr. P. Ravi Teja. It is stated in the Information that following the surgery, the Informant experienced severe complications, including persistent abdominal pain and signs of infection, ultimately leading to the development of an enterocutaneous fistula – a connection between the small intestine and the abdominal wall.
Issues for consideration
2 issues framed by the court
Whether allegations of employing an unregistered surgeon and false advertising raise a contravention of Sections 3 or 4 of the Competition Act, 2002 under Section 26(2).
Whether the alleged conduct warrants a commission inquiry.
Coram
Ravneet Kaur
Sweta Kakkad
Deepak Anurag
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