NCDRC

NCDRC

OP/305/1999

SMT. JAGWATI & ORS. - Complainant(s)

Versus

M/S. YASHODA HOSPITAL & RESEARCH CENTRE (P) LTD. - Opp.Party(s)

MR. ARVIND GUPTA

15 Apr 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 305 OF 1999
 
1. SMT. JAGWATI & ORS.
R/O H. NO. 219 G.T. ROAD
DAULATPUR GHAZIABAD
U.P.
...........Complainant(s)
Versus 
1. M/S. YASHODA HOSPITAL & RESEARCH CENTRE (P) LTD.
IIIrd - M, Nehru Nagar
Ghaziabad - 201 001
U.P.
2. NEW INDIA ASSURANCE CO. LTD. (R-5)
-
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Complainant :
Mr. Santosh Paul, Amicus Curiae with
Ms. Meera Mathew, Advocate
For the Opp.Party :
Mr. B. Mahapatra, Advocate for OP 1, 2 & 3
Mr. Tarun Arora, Proxy Counsel for
Dr. Sushil Kr. Gupta, Advocate for OP 4 & 5

Dated : 15 Apr 2011
ORDER

 

 

          Mr. B. Mahapatra, learned counsel representing the opposite parties no. 1 to 3 under instructions states that opposite parties no. 1 to 3 without accepting any allegations of negligence are jointly willing to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) in equal proportion to the complainants as ex gratia, if the complainants are prepared to withdraw the allegations made in the complaint.  Learned counsel appearing for the complainants under instructions of the complainants states that the proposal is acceptable to the complainants.  Statements of Mr. B. Mahapatra, learned counsel for opposite parties no. 1 to 3 and that of Mr. Santosh Paul, Amicus Curiae on behalf of the complainants, have been recorded separately to this effect. 

            In view of the settlement reached between the parties, the complaint is dismissed as withdrawn.  Opposite parties no. 1, 2 and 3 shall jointly deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) in equal proportion in this Commission within a period of two weeks and the amount so deposited shall be disbursed to the complainants.  No order as to costs in these proceedings. 

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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