NCDRC

NCDRC

RP/3252/2013

V.C. RAWAT & 3 ORS. - Complainant(s)

Versus

AKSHAYA HOSPITAL & ANR. - Opp.Party(s)

MR. VIKAS UPADHYAY

16 Dec 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3252 OF 2013
 
(Against the Order dated 27/08/2013 in Appeal No. 10/2010 of the State Commission Madhya Pradesh)
WITH
IA/5733/2013
1. V.C. RAWAT & 3 ORS.
R/O 13, HIG -A VIDHYA NAGAR,HOSHANGABAD ROAD
BHOPAL
M.P
2. MR.SHISHIR RAWAT, S/O SHRI V.C RAWAT
R/O 13, HIG -A VIDHYA NAGAR,HOSHANGABAD ROAD
BHOPAL
M.P
3. MR.SUMIT RAWAT, S/O V.C RAWAT
R/O 13, HIG -A VIDHYA NAGAR,HOSHANGABAD ROAD
BHOPAL
M.P
4. MR.SACHIN RAWAT, S/O V.C RAWAT,
R/O 13, HIG -A VIDHYA NAGAR,HOSHANGABAD ROAD
BHOPAL
M.P
...........Petitioner(s)
Versus 
1. AKSHAYA HOSPITAL & ANR.
RISHI NAGAR, CHAR IMLI
BHOPAL
M.P
2. UNITED INDIA INSURENCE CO LTD.
CITY BRANCH OFFICE NO-II, 131/11, ZONE-III, M.P NAGAR,
BHOPAL
M.P
...........Respondent(s)

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

For the Petitioner :
Mr. Anirudh Rastogi, Advocate with
Mr. Katyayini Sharma, Advocate
For the Respondent :
For the Respondents : Mr. Rajul Shrivastav, Advocate
-2-
For the Respondent No. 2 : NEMO

Dated : 16 Dec 2013
ORDER

 

 

JUSTICE J. M. MALIK, PRESIDING MEMBER(ORAL)

1.      Learned counsel for the parties present.

2.      Vide order dated 27.8.2013, the State Commission had declined the request made by the complainant that he wanted to cross examine Dr. R. K. Singh (it is wrongly mentioned by State Commission as Dr. D. K. Singh).  Learned counsel for the petitioner submits that they had moved an application for cross examination of Dr. R. K. Singh and one Dr. Deepak Chaturvedi.  The State Commission does not mention the name of Dr. Deepak Chaturvedi.  The State Commission should have passed order on that witness also.  However, the request for cross examination of witnesses by the respondents’ counsel cannot be accepted in view of settled law declared by Hon’ble Supreme Court.  The procedure adopted by the State Commission is not correct.

 In the interest of justice, we allow him to examine both the witnesses, Dr. R. K. Singh and Dr. Deepak Chaturvedi through interrogatories, subject to payment of Rs.10,000/- each witness which be deposited in the Consumer Welfare Fund.  Draft should be issued made in the name of ‘Pay and Accounts Officer, Ministry of Consumer Affairs’ payable at New Delhi and submit it to the Registrar of this Commission who will further transmit the same to the concerned ministry.  The parties are directed to appear before the State Commission on 28.1.2014.  The State Commission will proceed further only after satisfying that the above said costs stand paid.   The State Commission will decide the matter expeditiously.

A copy of this order be given dasti to learned counsel for the petitioner.

The revision petition stands disposed of accordingly.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.