NCDRC

NCDRC

RP/4063/2006

MARIE STOPES CLINIC AND ANR. - Complainant(s)

Versus

SHRI AMIT SHARMA AND ORS. - Opp.Party(s)

RAJEEV SHARMA

30 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4063 OF 2006
 
(Against the Order dated 29/09/2006 in Appeal No. 839/2004 of the State Commission Delhi)
1. MARIE STOPES CLINIC AND ANR.
...........Petitioner(s)
Versus 
1. SHRI AMIT SHARMA AND ORS.
...........Respondent(s)

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

For the Petitioner :
Mr. Rajeev Sharma, Advocate Mr. Ajay K. Singh, Advocate
For the Respondent :
Ms. Vidhya Gudwani, Advocate

Dated : 30 Mar 2011
ORDER

 

 Fora below have found the petitioner guilty of medical negligence and awarded a sum of Rs.2 lakh. Counsel for the petitioner states that the awarded amount of Rs.2 lakh has already been paid to the respondent in execution proceedings. He further states that he would not recover the amount of Rs.2 lakh paid to the respondent provided the finding regarding the negligence and deficiency in service is set aside. Counsel for the respondent has no objection to the setting aside of the finding regarding negligence and deficiency in service provided the amount already paid to the respondent is not recovered.
       In view of the agreement arrived at between the parties, the finding recorded by the fora below regarding negligence and deficiency in service is set aside. However, the petitioner would not recover the sum of Rs.2 lakh paid to the respondents.
 
 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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