Karnataka

StateCommission

A/1499/2017

Chiranthan Dental Care - Complainant(s)

Versus

Shivakumar.G.R. - Opp.Party(s)

21 Mar 2022

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 21^ST DAY OF MARCH 2022

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

Appeal No. 1499/2017

 

1.  Chiranthan Dental Care      4th Main, 9th Cross, P.J.Extension,      Behind Vishwaraiah park,      Davanagere-577004      Rep. by Dr. Mohan Kumar K.P.      S/o K. Parameshwarappa      Rep. by Power of Attorney holder      Mr.Girish Kumar 2.  Dr.Arun kumar.G.      S/o. Dr. R.S. Gopal Naik,      Consultant Orthodontist,      Plat No.307A, Esteem Classic Apartment,      Rajajinagar Industrial Suburb,      Bangalore-560028      Rep. by Power of Attorney holder      Dr. Girishkumar R. 3.  N.K.Sowmya, MDS      D/o Karibasappa,      Consultant Periodontist,      Chiranthan Dental Care,      4th Main, 9th Cross, P.J. Extension,      Behind Vishweshwaraiah park,      Davanagere-577004      Rep. by Power of Attorney holder      Mr. Girish Kumar       (By Sri. Akash V.T.) V/s

……Appellants

…Respondent

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This is an appeal filed against the order dated 20.06.2017 passed in C.C.No.65/2014 on the file of District Consumer Disputes Redressal Forum, Davanagere.

2. Complainant alleging deficiency in service on the part of the OP in not providing required and proper treatment to the complainant for his teeth problem complaint is filed.  On examination District Forum allowed the complaint in part and directed OPs to pay a sum of Rs.1,50,000/- towards compensation to the complainant with interest at the rate of 12% p.a. from the date of filing of complaint and also directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs.
3. Being aggrieved by the said order OPs are in appeal.
4. Taken as heard.  The amount of Rs.1,50,000/- awarded which has been objected by the appellant that there is no expert opinion.  Thus, amount awarded requires re-consideration.  Accordingly, appeal is allowed and the impugned order is set aside.  Matter is remanded to the District Forum to dispose of the case within three months from the date of receipt of the order after seeking expert opinion.
5. Amount in deposit is directed to be transferred to the District Forum for needful.

 

MEMBER                   JUDICIAL MEMBER          PRESIDENT

CV*