NCDRC

NCDRC

RP/1390/2010

RAMLAL KUNDANLAL ORTHOPAEDIC HOSPITAL - Complainant(s)

Versus

PINTU - Opp.Party(s)

M/S. KAPOOR & ASSOCIATES

28 Oct 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1390 OF 2010
 
(Against the Order dated 16/03/2010 in Appeal No. 654/2007 of the State Commission Delhi)
1. RAMLAL KUNDANLAL ORTHOPAEDIC HOSPITAL
Bunglow Plot No. 8, Pandav Nagar, (Opp. Mother Dairy), Patparganj Road
Delhi - 92
Delhi
...........Petitioner(s)
Versus 
1. PINTU
R/o. Village Raghunathpur, Pandit Market, Sector-22
Noida
Uttar Pradesh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.Sandeep Kapoor, Advocate
For the Respondent :
Mr.R.N. Pandey, Advocate

Dated : 28 Oct 2010
ORDER

          Petitioner, which was the opposite party before the District Forum, moved an application before the State Commission for referring the matter to the Medical Board for expert opinion.  District Forum had found the petitioner guilty of medical negligence.  State Commission dismissed the application on the ground that in spite of two opportunities given to the petitioner, the petitioner did not give the points which were required to be referred to the Board of Medical Experts for opinion.

          Being aggrieved, the petitioner has filed the present Revision Petition.

          Counsel for the petitioner states that, in the interests of justice, the petitioner be given one more opportunity to give the points of reference to be made to the Board of Medical Experts for opinion subject to payment of costs.

          After hearing the counsel for the parties, we set aside the order under revision and remand the case back to the State Commission for a fresh decision on the application.  Parties, through their counsel, are directed to appear before the State Commission on 24.11.2010.

          Petitioner is directed to file the points of reference on which opinion is to be sought from the Board of Medical Experts on the date fixed for appearance before the State Commission, failing which the State Commission would be at liberty to dismiss the application forthwith.  It is made clear that petitioner shall not be given any further opportunity to file the points of reference.

          Revision Petition is allowed subject to payment of Rs.20,000/- as costs to the respondent.  Costs be paid before the State Commission on the date of appearance.

            Since it is an old case, we would request the State Commission to dispose of the appeal as expeditiously as possible.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.