NCDRC

NCDRC

FA/83/2013

MEDICAL SUPERINTENDENT, SHRI MOOLCHAND KAIRATI RAM HOSPITAL AND AYURVEDIC RESEARCH INSTITUTE - Complainant(s)

Versus

USHA & 3 ORS. - Opp.Party(s)

MR. BRIJ BHUSHAN GUPTA

19 Jul 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 83 OF 2013
 
(Against the Order dated 22/11/2012 in Complaint No. 178/2003 of the State Commission Delhi)
1. MEDICAL SUPERINTENDENT, SHRI MOOLCHAND KAIRATI RAM HOSPITAL AND AYURVEDIC RESEARCH INSTITUTE
LAJPAT NAGAR-III,
NEW DELHI-110024
...........Appellant(s)
Versus 
1. USHA & 3 ORS.
W/O. SHRI PURUSHOTAM, R/O. HOUSE NO. 21/321, TRILOKPURI,
DELHI-
2. THE PRESIDENT
INDIAN MEDICAL COUNCIL, ANSARI MARG,
NEW DELHI
3. THE MEDICAL SUPERINTENDENT,
INDIAN SPINAL INJURIES CENTRE, SECTOR-C, VASANT KUNJ,
NEW DELHI
4. THE MEDICAL SUPERINTENDENT
SAFDARJUNG HOSPITAL, MAHATMA GANDHI ROAD,
NEW DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Appellant :
Mr. B. Mahapatra, Advocate
For the Respondent :
Mr. V.T. Korde, Advocate with
Mr. Jagdish Prasad, Father of R-1/Complainant

Dated : 19 Jul 2017
ORDER

We are happy to note that during the pendency of the present Appeal, in deference to the observations made by us during the course of hearing on earlier dates, the Appellant Hospital and Respondent No.1/Complainant have agreed to give a quietus to the entire matter, giving rise to the present Appeal.  It has been agreed that the Appellant Hospital shall pay to the Complainant an ex-gratia amount of ₹10,00,000/- and the Complainant shall withdraw all allegations of deficiency in service/negligence against all the Opposite Parties in the Complaint.  The said amount shall be remitted by the Appellant directly into the Savings Bank Account of Mrs. Usha, wife of Mr. Purshottam Thapliyal, by RTGS.  The particulars of the Savings Bank Account as well as Bank and Branch, where the Complainant holds the account, are as follows:

Savings Bank Account No.87762200034993,

Syndicate Bank,

Sahibabad CEL Complex,

Sahibabad, Ghaziabad-201010

IFSC Code: SYNB0008776,

Customer ID: 4418420

 

On remission of the said amount, as agreed, the observations and the findings in the order impugned in this Appeal, relating to any kind of deficiency/negligence on the part of the Appellant Hospital, shall stand expunged.  The said amount shall be remitted within three weeks from today.  After the remission of the said amount into the aforesaid account of the Complainant, it will be open to the Appellant to withdraw the amount(s) deposited by it in the Forums below, along with the accrued interest, if any, on production of a copy of this order.

The Appeal stands disposed of in the above terms.  

The statutory deposit made by the Appellant at the time of filing the Appeal shall also be remitted by the office directly to the afore-noted account of the Complainant.     

Dasti.  

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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