NCDRC

NCDRC

RP/3082/2010

SUNDARA KANDADE & ANR. - Complainant(s)

Versus

MANGAL MURTI HOSPITAL & POLYCLINIC - Opp.Party(s)

MR. NEERAV R. MAINKAR

22 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3082 OF 2010
 
(Against the Order dated 18/03/2010 in Appeal No. 346/2009 of the State Commission Maharastra)
1. SUNDARA KANDADE & ANR.
Residing at A/303, Anmol Complex, S.V. Road, Goregaon (West)
Mumbai - 400062
Maharashtra
2. BEING THE CHAIRPERSON OF M/S. FYKAYS ENGINEERING PVT. LTD.
Having Office at 2, Noor Industrial Estate, Behind SBI, Nr. W.E. Highway, Mira (East)
Thane - 401104
Maharashtra
...........Petitioner(s)
Versus 
1. MANGAL MURTI HOSPITAL & POLYCLINIC
Plot No. 65-68 and 66-69, RSC 13, Behind Sai Baba Temple, Gorai Part I, Borivali (West)
Mumbai - 400091
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
MR. NEERAV MAINKAR, ADVOCATE
For the Respondent :NEMO

Dated : 22 Nov 2010
ORDER

 

Heard counsel for the petitioner. The petitioner while walking up the stairs in the hospital had fallen down and suffered injuries.  The District Forum had awarded compensation of Rs.1 lakh which was ordered to be paid to the present petitioner.  Against the said order of the District Forum, the opposite party had filed appeal.  The State Commission found that the complainant had failed to made out at any case for award of compensation.  It was held that International Building Code, 2000 is not applicable in India and even otherwise, the building had been completed prior to 1999.  No negligence as such can be attributed on account of fall of the petitioner while climbing the stairs.  The State Commission had very rightly allowed the appeal and dismissed the complaint.  We do not find that any case has been made out for interference in the exercise of revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986 as we do not find any jurisdictional error, illegality or material irregularity in the order of State Commission.  The revision is, accordingly, dismissed with no order as to costs.

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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