NCDRC

NCDRC

RP/1415/2009

MAZAHIR ANSARI & ANR. - Complainant(s)

Versus

DR. MRS. BHAWANA SETH & ANR. - Opp.Party(s)

M/S. SHIEKH IMRAN ALAM & ASSOCIATES

28 Jul 2009

ORDER

Date of Filing: 20 Apr 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1415/2009
(Against the Order dated 01/01/2009 in Appeal No. 654&683/2007 of the State Commission Jharkhand)
1. MAZAHIR ANSARI & ANR.S/o. Md. Israil R/o.Village Savin Chatarbar Post Karma Ps. and Distt. Koderma ...........Appellant(s)

Vs.
1. DR. MRS. BHAWANA SETH & ANR.R/o. Ranjan Clinic Doctors. Gali. Jhumri Telaiya P.S. Telaiya Koderma ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :Mr.S. Imran Alam and Mr.Anjaneya for M/S. SHIEKH IMRAN ALAM & ASSOCIATES, Advocate
For the Respondent :NEMO

Dated : 28 Jul 2009
ORDER

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          Limited notice was issued to the respondents to show cause as to why impugned order be not set aside and the case remitted back to the State Commission to pass a detailed order as to the medical negligence, as we find from the order passed by the State Commission that the State Commission has, without any discussion, reversed the findings recorded by the District Forum about the medical negligence. 

Respondents No.1 and 2 have put in appearance.  After hearing the counsel for the parties, we make our order dated 30.4.2009 absolute.  State Commission, without discussing any evidence regarding the medical negligence, has reversed the order passed by the District Forum.  In a case of reversal of judgment, the appellate/revisional court is supposed to give reasons for setting aside the findings recorded by the fora below. 

For the reasons stated above, we accept this Revision Petition, set aside the order of the State Commission and remand the case back to the State Commission to decide the appeal afresh in accordance with law.  State Commission should record its reasons for reversing the order of the District Forum.

          Parties, through their counsel, are directed to appear before the State Commission on 18.8.2009.

          We request the State Commission to dispose of the appeal expeditiously and preferably within a period of 3 months from the first date of appearance.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER