Delhi

StateCommission

A/280/2016

SMT.PUSPA MISHRA - Complainant(s)

Versus

MEDANTA GLOBAL HEALTH (P) LTD. - Opp.Party(s)

H.S BHATI

07 Oct 2016

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 07.10.2016

 

 

Appeal No.280/2016

(Arising out of the order dated 22.03.2016 passed in Complaint Case No.52/2015 by the District Consumer Redressal Forum-II(South), Delhi)

 

 

In the matter of:

 

Smt. Pushpa Mishra,

W/o Late Shri Mahesh Kumar Mishra,

R/o Village Jamundhana Khurd,

Post Ghatwar, Lalitpur (Uttar Pradesh)

                              …..........Appellant

 

Versus

 

1. Medanta Global Health (P) Ltd.,

Through its Medical Superintendent,

Sector -38, Gurgaon. Haryana

 

2. Medanta Global Health (P) Ltd.,

Through its Medical Superintendent,

Defence Colony, New Delhi -110024.

 

                                                ….….....Respondents

CORAM

Ms. Salma Noor, Member.

 

 

1.     Whether reporters of local newspaper be allowed to see the judgment?

 

2.      To be referred to the reporter or not?

Ms. Salma Noor, Member

 

1. This is an appeal where prayer is made for setting aside of the order dated 22.03.2016 passed in Consumer Case No.52/2015 whereby complaint case of the appellant herein i.e. complainant before the District Forum has been dismissed for non-appearance.
2. It is stated that father of the counsel for the appellant/complainant Sh. H.S. Bhati had expired on 18.03.2016, due to which the counsel could not appear before the Ld. District Forum on 22.03.2016 and the Ld. District Forum was pleased to dismiss the complaint of the appellant/complainant for non-appearance.
3. We have gone through the reasoning given in the appeal for non-appearance before the Ld. District Forum. Counsel for the respondent states that she has no objection if the impugned order is set aside and a chance is given to the appellant/complainant to contest the case on merits..
4. In the interest of justice as well as for effective disposal of the case on merits, we accept the appeal and set aside the impugned order and restore the complaint to its original position.
5. Parties are directed to appear before the concerned District Forum on 08.12.2016.  Thereafter the District Forum shall proceed further in the matter in accordance with law.
6. Copy of this order be given to the parties and be also sent to the District Forum, New Delhi for information.

           File be consigned to Record Room.

 

(Salma Noor)

Member