PAWAN KUMAR AND OTHERS filed a consumer case on 31 Jan 2024 against KAKKAR MATERNITY AND NURSING HOME AND OTHERS in the StateCommission Consumer Court. The case no is MA/247/2023 and the judgment uploaded on 05 Feb 2024.
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
Pawan Kumar son of Shri Arjun Das, resident of Gurudwara Gali, Tohana, District Fatehabad.
Bishambar son of Shri Arjun Das, resident of Gurudwara Gali, Tohana, District Fatehabad.
Anil son of Shri Arjun Das, resident of Gurudwara Gali, Tohana, District Fatehabad.
Gurmeet wife of Shri Deepak Monga and daughter of Shri Arjun Das, resident of Gurudwara Gali, Tohana, District Fatehabad.
….Non-Applicants/Complainants
Versus
Dr. Anant Ram, Janta Hospital, Barwala, District Hisar.
…Applicant/Opposite Party No.5
Kakkar Maternity & Nursing Home, through its Proprietor, Dr. Rajesh Kakkar, Tohana, District Fatehabad.
Dr. Rajesh Kakkar, C/o Kakkar Maternity & Nursing Home, Tohana, District Fatehabad.
Dr. Abhishek Kakkar son of Dr. Rajesh Kumar, Medical Officer, Civil Hospital, Tohana, C/o oKakkar Nursing Home, Tohana, District Fatehabad.
Dr. Sunil Bajaj, Medical Officer,
1st Address: C/o Civil Hospital, Tohana, District Fatehabad.
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
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.
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.
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.
Application(s) pending, if any, stand disposed of in terms of the aforesaid order.
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.
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
MS
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