Haryana

StateCommission

MA/247/2023

PAWAN KUMAR AND OTHERS - Complainant(s)

Versus

KAKKAR MATERNITY AND NURSING HOME AND OTHERS - Opp.Party(s)

31 Jan 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                         

                                                          Date of Institution:23.06.2023

                                                          Date of final hearing:31.01.2024

                                                          Date of Pronouncement: 31.01.2024

 

 

MISCELLANEOUS APPLICATION NO.247 OF 2023 IN

CONSUMER COMPLAINT NO.24 of 2006

 

IN THE MATTER OF

 

  1. Pawan Kumar son of Shri Arjun Das, resident of Gurudwara Gali, Tohana, District Fatehabad.
  2. Bishambar son of Shri Arjun Das, resident of Gurudwara Gali, Tohana, District Fatehabad.
  3. Anil son of Shri Arjun Das, resident of Gurudwara Gali, Tohana, District Fatehabad.
  4. Gurmeet wife of Shri Deepak Monga and daughter of Shri Arjun Das, resident of Gurudwara Gali, Tohana, District Fatehabad.

 

                                      ….Non-Applicants/Complainants

Versus

 

 

  1. Dr. Anant Ram, Janta Hospital, Barwala, District Hisar.

 

…Applicant/Opposite Party No.5

 

  1. Kakkar Maternity & Nursing Home, through its Proprietor, Dr. Rajesh Kakkar, Tohana, District Fatehabad.
  2. Dr. Rajesh Kakkar, C/o Kakkar Maternity & Nursing Home, Tohana, District Fatehabad.
  3. Dr. Abhishek Kakkar son of Dr. Rajesh Kumar, Medical Officer, Civil Hospital, Tohana, C/o oKakkar Nursing Home, Tohana, District Fatehabad.
  4. Dr. Sunil Bajaj, Medical Officer,

1st Address: C/o Civil Hospital, Tohana, District Fatehabad.

2nd Address: C/o Kakkar Maternity & Nursing Home, Tohana, District Fatehabad.

 

  1. Indra Prastha Apollo Hospital, through its Director, Mathura Road, Sarita Vihar, New Delhi-110076.

 

                             …Non-Applicants/Opposite Parties No.1 to 4 & 6.

 

 

         

CORAM:   Hon’ble Mr. Justice T.P.S. Mann, President

                   Ms. Manjula, Member                                                                                                                                         

 

Present:     Shri Abhishek Sethi, counsel for opposite party No.5/applicant.

 

 

 

 

PER: T.P.S. MANN, J.

 

ORDER

 

 

 

  1. In view of the fact that the opposite parties including opposite party No.5 who was initially ask to pay a sum of Rs.6 lakhs and subsequently, the appeal preferred by opposite party No.5 was allowed, total amount of Rs.3,39,000/- which was the proportionate amount paid by opposite party No.5 and no Special Leave Petition has been preferred against opposite party No.5, the proportionate amount deposited by opposite party no.5 is required to be refunded in his favour.
  2. The registry has apprised the State Commission that no SLP was pending or filed in the Hon’ble Supreme Court of India against the order dated 23.05.2023 passed in F.A. No.194 of 2013 and F.A. No.61 of 2013.
  3. Resultantly, the application is disposed of with the direction to the registry to refund the amount of Rs.1,69,000/- along with interest earned by the said amount on account of being deposited with the bank by way of FDR against proper receipt and identification.
  4. Application(s) pending, if any, stand disposed of in terms of the aforesaid order.
  5. A copy of this order be provided to all the parties free of cost as mandated by the law. The order be uploaded forthwith on the website of the Commission for the perusal of the parties.
  6. File be consigned to record room along with a copy of this order.

 

 

(T.P.S. MANN)

PRESIDENT

 

 

 

 

(MANJULA)

MEMBER 

Pronounced On: 31.01.2024

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