Tamil Nadu

StateCommission

A/150/2018

Dr.P.K.Kanchana Managing Director - Complainant(s)

Versus

Perumalthai - Opp.Party(s)

M/s. AAV Partners

10 Dec 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

                      BEFORE    Hon’ble THIRU. JUSTICE  R. SUBBIAH                  ::      PRESIDENT                       

                                         Tmt.Dr.S.M.LATHA MAHESWARI                         ::      MEMBER

 

FA. No. 150/2018

(Against the order in C.C. No.3/2017, dated 5.10.2017, on the file of

District Consumer Commission, Ariyalur ]

 

                                                              DATED THE 10^TH  DAY OF DECEMBER 2021

 

 

Dr. P.K.Kanchana, M.D.D.G.O.,

Government Doctor,

Ariyalur 621 704                                                    ..Appellant/1st opposite party

 

                                                               Vs       

 

                                       

1. Perumalthai,

W/o  Senthilvel

 

2.Senthilvel,

S/o Ramalingam  

 

Both reside at,

K.K.Nagar,

Ariyalur Taluk and District                        ..Respondents 1&2/complainants 1 & 2

 

Joint Director,

Medical and Rural Health Services

And Family Welfare,

Perambalur                                           .. 3^rd Respondent/ 2^nd opposite party

 

Counsel for Appellant/1^st  opposite party      : M/s AAV Partners

Counsel for R1 & R2                                  : M/s N.Maheswaraiah 

Counsel for 3^rd Respondent                        : M/s T.Ravikumar

 

          This appeal coming on before us for hearing today for reporting settlement and for filing  joint memo of compromise, this commission made the following order in open court : -

                                                    Docket order  

 

Both sides’ counsels present and heard.  A joint memo of compromise was filed by both sides stating that the dispute has been mutually settled between the parties and hence the appeal has to be disposed of in accordance with the joint memo of compromise. The joint memo of compromise is perused and recorded.      

           On perusal of the records, we find that the respondents 1 & 2/ complainants 1 & 2 have filed a consumer complaint against the appellant/1^st opposite party and 3^rd respondent/2^nd opposite party herein before the District Consumer Commission,  Ariyalur  in C.C.No.03/2017 alleging that the appellant/1^st opposite party has committed medical negligence in treating  the 1^st complainant. The District Commission, after hearing both sides, passed an order dated 05.10.2017 in favour of the complainants directing the 1^st opposite party/ appellant to pay the complainants a sum of Rs.10,00,000/- as compensation for medical negligence committed by the appellant/ 1^st opposite party  with interest at the rate of 9% per annum from the date of filing the complaint till realisation and further directed the 3^rd respondent/2^nd opposite party to pay a sum of Rs.1,00,000/- as compensation to the complainant with 9% interest from the date of filing the complaint till the date of payment and also directed both the opposite parties 1 and 2 jointly and severally to pay a sum of Rs.5000/- as costs to the complainants.  Aggrieved over the order of the District Commission, the 1^st opposite party has preferred this appeal. The 2^nd opposite party has also filed a separate appeal before this Commission in F.A.No.50/2020. 

     Today, when both the appeals were taken up for hearing, a joint memo signed by both the parties was filed stating that the disputes have been amicably settled between them. On perusal of the memo, we find that the complainants 1 & 2/ respondents 1 & 2 herein agreed to withdraw the allegations levelled against the opposite parties 1 & 2. Accordingly, the appellant/opposite parties 1 & 2 have also expressed their willingness to allow the complainants 1 and 2 to withdraw the amount along with interest deposited in the form of FDRs drawn in favour of The President, DCDRF, Ariyalur”, a total sum of Rs.9,59,859/- SBI, Ariyalur Branch bearing Account No.37822970641 and 37830688758.  Further, the respondents 1 & 2/ complainants 1 & 2 have undertaken that they would not spread or share any information pertaining to the case in the media against the appellant/opposite parties 1 & 2 as the matter has been settled out of the Court.  In view of the above stated joint memo of compromise, both the appeals are disposed of by this common order. The said memo of compromise shall form part of this order.       

        The Registry is directed to discharge the mandatory deposit, if any, in favour of the appellants/opposite parties with accrued interest thereon in respective appeals.    

 

    Sd/-                                                                                                                Sd/-

 S.M. LATHA MAHESWARI                                                                          R. SUBBIAH

MEMBER                                                                                                         PRESIDENT