NCDRC

NCDRC

RP/4725/2012

MAX SUPER SPECIALTY HOSPITAL & 3 ORS. - Complainant(s)

Versus

NIRMAL GHAI - Opp.Party(s)

MRS. KANIKA AGNIHOTRI

31 Jan 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4725 OF 2012
 
(Against the Order dated 14/09/2012 in Appeal No. 125/2010 of the State Commission Delhi)
1. MAX SUPER SPECIALTY HOSPITAL & 3 ORS.
Through its Authorised Rep, 1 Press Encalve Road,Saket
NEW DELHI- 110017
2. Dr Vivek Raj, Direcctor & Semi Consultant, Max Super Specialty Hospital,
1 Press Encalve Road,Saket
NEW DELHI- 110017
3. Dr Sujeet Jha, Endocrinologist, Max Super Specialty Hospital,
1 Press Encalve Road,Saket
NEW DELHI - 110017
4. Dr Anoop Mukherjee, Orthopedic Surgeon, Max Super Specialty Hospital,
1 Press Encalve Road,Saket
NEW DELHI - 110017
...........Petitioner(s)
Versus 
1. NIRMAL GHAI
B-445,New Friends Colony
NEW DELHI - 110 0065
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
: Mr. Parikshit Kumar, Advocate
For the Respondent :
Mr. Mayank Mikyail Mukherjee, Advocate

Dated : 31 Jan 2013
ORDER

 1.            Counsel for the parties present.  The State Commission passed the ex-parte order against the petitioner/OP.  The order dated 14.09.2012 is hereby reproduced as follows:-

“The case is called out repeatedly at 12-00 p.m. also, but none appeared on behalf of OP.  Sh. Chetan, Counsel for the complainant is present.  Therefore, case is proceeded exparte against the OP.

Fix 4.12.2012 for ex-parte evidence.”

2.              Counsel for the respondent/complainant present.  He files his Vakalatnama, which is taken on record.  He submits that he is interested in fast disposal of this case and he has no objection if the matter is restored.  The impugned order depicts that the case was called a number of times.  Counsel for the petitioner submits that he had noted a wrong date.However, in the interest of justice, we set aside the ex-parte order passed by the State Commission against the petitioner/OP and impose cost of Rs. 5,000/-, which will be deposited with the Consumer Legal Aid Account of this Commission till 05.02.2013. 

3.              Parties are directed to appear before the State Commission on 05.02.2013 itself.  The receipt of payment of cost be produced before the State Commission.

4.              The matter stands disposed of.

             

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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