NCDRC

NCDRC

FA/295/2018

SUMATI MILIND DHANU & ANR. - Complainant(s)

Versus

S.L. RAHEJA HOSPITAL & 5 ORS. - Opp.Party(s)

DR. VIPIN B. KUMAR & MR. HEMANT B. KUMAR

09 Mar 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 295 OF 2018
 
(Against the Order dated 28/11/2017 in Complaint No. 364/2017 of the State Commission Maharashtra)
1. SUMATI MILIND DHANU & ANR.
R/O. 502, 5TH FLOOR, MAULI CHS, MORI ROAD, MAHIM WEST.
MUMBAI-400016
2. MR. MILIND DHANU.
R/O. 502, 5TH FLOOR, MAULI CHS, MORI ROAD, MAHIM WEST.
MUMBAI-400016
...........Appellant(s)
Versus 
1. S.L. RAHEJA HOSPITAL & 5 ORS.
ALL ABOVE DOCTORS FROM SR. NO.(2) TO (5) AT & THROUGH S.L. RAHEJA HOSPITAL, RUNGNALAYA MARG, MAHIM WEST.
MUMBAI-400016
2. DR. KAUSTUBH MAHAJAN.
ALL ABOVE DOCTORS FROM SR. NO.(2) TO (5) AT & THROUGH S.L. RAHEJA HOSPITAL, RUNGNALAYA MARG, MAHIM WEST.
MUMBAI-400016
3. DR. SUNIL KUTTI
ALL ABOVE DOCTORS FROM SR. NO.(2) TO (5) AT & THROUGH S.L. RAHEJA HOSPITAL, RUNGNALAYA MARG, MAHIM WEST.
MUMBAI-400016
4. DR. RAKESH SINGH.
ALL ABOVE DOCTORS FROM SR. NO.(2) TO (5) AT & THROUGH S.L. RAHEJA HOSPITAL, RUNGNALAYA MARG, MAHIM WEST.
MUMBAI-400016
5. DR. SASIDHARAN
ALL ABOVE DOCTORS FROM SR. NO.(2) TO (5) AT & THROUGH S.L. RAHEJA HOSPITAL, RUNGNALAYA MARG, MAHIM WEST.
MUMBAI-400016
6. FORTIS HEALTHCARE LTD.
TOWER-A, UNITECH BUSINESS PARK, BLOCK-F, SOUTH CITY-1, SECTOR-41.
GURGAON-122001.
HARYANA.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DR. S.M. KANTIKAR,PRESIDING MEMBER

For the Appellant :
DR. VIPIN B. KUMAR
For the Respondent :

Dated : 09 Mar 2018
ORDER

          Heard the learned counsel for the appellant.

          Perused the application for condonation of delay.  For the reasons stated in the application, delay of 44 days in filing the present appeal is condoned.

          As per the submission and perusal of file, the respondent No. 4, Dr. Rakesh Singh is a Neurologist and he performs as neurointervention also.   It is transpired that the Digital Subtraction Angiography (DSA) was supposed to be performed by respondent No. 4.  Dr. Sasidharan (OP-5), is an intensivist and is qualified to be an anaesthetist also.  Therefore, in my view, both the respondents, i.e., respondent No. 4 & 5 are necessary parties in this case.  Therefore, the State Commission shall take on record the respondent No. 4 & 5 as necessary parties and proceed further in the matter in accordance with law. 

          The first appeal is hereby allowed with above directions.

          Copy of this order be sent to State Commission.

          A copy of this order be given Dasti also. 

 
......................
DR. S.M. KANTIKAR
PRESIDING MEMBER

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