NCDRC

NCDRC

FA/520/2008

RAJASTHAN HOSPITAL - Complainant(s)

Versus

NISAR SAIYED & ORS. - Opp.Party(s)

MR. K.P. TOMS

17 Nov 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 520 OF 2008
 
(Against the Order dated 26/09/2008 in Complaint No. 499/1998 of the State Commission Gujarat)
1. RAJASTHAN HOSPITAL
The Gujarat Research & Medical Institute, Camp Road, Shahibaug
Ahmedabad
Gujarat
...........Appellant(s)
Versus 
1. NISAR SAIYED & ORS.
B/2 Firdaus Flat, Khanpur
Ahmedabad
Gujarat
2. DR. ASHINI PRASHANT ACHARYA
Paras Maternity Home & Nursing Home, Nr. Vishw Bharati School & Bahai Centre, Shahpur
Ahmedabad
Gujarat
3. DR. PRASHANT VINODBHAI ACHARYA
Paras Maternity Home & Nursing Home, Nr. Vishwa Bharatai School & Bahai Centre, Shahpur
Ahmedabad
Gujarat
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Appellant :
Mr. K.P. Toms, Adv. with Mr. Harshad R.Shah and Dr. J.K. Parmar
For the Respondent :
For the Respondent No.1 : Ms. Deepa Chacko, Adv. with
Respondent No.1 in person
For the Respondents No.2 &3 : NEMO

Dated : 17 Nov 2014
ORDER

          Joint compromise application for withdrawal of the proceedings including the complaint has been filed by appellant as well as respondent no.1, which has been duly signed by the parties as well as their respective counsels.

2.       As per the application, both parties have finally settled the matter for ₹1,50,000/- (Rupees One Lakh Fifty Thousand only) and the same has been paid by the appellant to respondent no.1/complainant by Demand Draft No.017431 dated 15.11.2014 (photocopy placed on record).

3.       In view of the settlement arrived at between the parties, the present appeal stands dismissed as withdrawn including the original complaint filed by the respondent no.1/complainant also stands dismissed as withdrawn.

4.       It has been further agreed between the parties that sum of ₹2,00,000/- (Rupees Two Lakh only) which was deposited by the appellant in terms of the order dated 14.01.2009 passed by this Commission may be refunded to the appellant along with interest accrued, if any.

5.       Accordingly, present appeal stands disposed of being compromised and the consumer complaint filed before the State Commission shall stand dismissed as withdrawn.

6.       Both parties shall be bound by the terms of the settlement.

7.         Dasti.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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