NCDRC

NCDRC

FA/1425/2017

DR. DEEPAK MITTAL - Complainant(s)

Versus

ANOOP YADAV & 2 ORS. - Opp.Party(s)

MR. AJIT AMAR

03 Nov 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1425 OF 2017
 
(Against the Order dated 05/06/2017 in Complaint No. 101/2016 of the State Commission Rajasthan)
1. DR. DEEPAK MITTAL
S/O. SHRI LAXMAN SWAROOP MITTAL, C/O. SANJEEVNI HOSPITAL, MADHUKAR COLONY (GARH), KOTHPUTLI,
DISTRICT-JAIPUR,
RAJASTHAN
...........Appellant(s)
Versus 
1. ANOOP YADAV & 2 ORS.
S/O. SH. KAILASH CHAND YADAV, R/O.-VILLAGE-GUNTI, TEHSIL BEHROAD,
DISTRICT-ALWAR,
RAJASTHAN
2. UNITED INDIA INSURANCE CO. LTD.,
THROUGH ITS A.R., 41-C, 3RD FLOOR, MOOLCHAND COMMERCIAL COMPLEX,
NEW DELHI-110024
3. SANJEEVANI HOSPITAL
THROUGH ITS PROPRIETOR/OWNER, MADHUKAR COLONY (GARH), KOTHPUTLI,
DISTRICT-JAIPUR,
RAJASTHAN
...........Respondent(s)

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

For the Appellant :
Mr. Ajit Amar, Advocate
For the Respondent :
Mr. B.L. Yadav, Advocate for R-1
Ms. Suman Lata, Advocate for
Mr. Naveen Kumar, Advocate for R-2
NEMO for R-3

Dated : 03 Nov 2017
ORDER

At the outset, learned Counsel appearing for Respondent No.1/Complainant states that in order to avoid further delay in the final adjudication on the Complaint, the Complainant would not have objection if the Written Version, stated to have already been filed on behalf of the Appellant, is directed to be taken on record, provided the Complainant is adequately compensated for the delay already caused.

In view of the above, the Appeal is allowed and the order, impugned in this Appeal, is set aside, with a direction that the Written Version already filed by the Appellant shall be taken on record by the State Commission, subject to the Appellant paying to the Complainant a sum of ₹10,000/- as costs, which shall be paid before the State Commission on the next date.

If so advised, it will be open to the Complainant to file rejoinder affidavit to the Written Version filed on behalf of the Opposite Party, within the time as may be granted by the State Commission, as the Complaint is already stated to be listed on 06.11.2017.

The Appeal stands disposed of in the above terms.  Dasti.   

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

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