Rajasthan

StateCommission

A/1240/2015

Capital Didnostic and Reasearch Centre Through Pro. - Complainant(s)

Versus

Suman Lata w/o G.L.Vimal - Opp.Party(s)

B.L.Ahiar

11 Mar 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 1240 /2015

 

Capital Diagnostic & Research Centre through Prop. Keeron ka rasta, Ramganj Anaj Mandi,Ramganj , Jaipur. & ors.

 

Vs.

 

Suman Lata r/o House No. 15, Lakshminarayan Puri, Anapurna ki Bagichi, Hida ki Mori,Ramganj,Jaipur.

 

 

Date of Order 11.3.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr.B.L.Ahir counsel for the appellant

 

 

2

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the learned DCF, Jaipur 3^rd dated 15.9.2015 whereby the complaint has been allowed against the appellants.

 

The contention of the appellants is that sonography report was not wrong. They gave report about the size of the kidneys whereas the report which has been obtained by the complainant from Camberwell Diagnostic & Medical Research Centre, there is no mention of size of the kidneys. That test relates only about the function of the kidneys hence, the scope of the two reports were quite different and the court below has erred in allowing the claim against them.

 

Heard the counsel for the appellant and perused the impugned judgment .

 

Facts are not in dispute that sonography report was prepared by the appellants after examination of the complainant and it was found that her right kidney was small in size and even size has also been stated in the report as 71x38 mm.

3

 

Thereafter complainant got another report from Camberwell Diagnostic Centre wherein it has been specifically stated that in size both the kidneys are normal. Thus, it is ipso facto clear from the two reports that the report given by the appellants was false and wrong and the court below has rightly held so. There is no infirmity in the impugned order and the appeal is liable to be rejected in limine.

 

(Kailash Soyal) (Nisha Gupta )

Member President

 

 

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