Delhi

StateCommission

RP/15/2016

SHREYA SHARMA - Complainant(s)

Versus

R.G. GROVER MEMORIAL HOSPITAL & ANR. - Opp.Party(s)

SACHIN SHARMA

18 May 2016

ORDER

IN THE STATE COMMISSION

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 18.05.2016

Revision Petition No. 15/2016           In the Matter of:                                                                                                                                                     Ms. Shreya Sharma          W/o Sh. Arvind          R/o 11/8, S/No. 2,          Old Govind Pura Extension,          Delhi-51                                                                             ……Petitioner                                                Versus     1. R S Grover Memorial Hospital B-243, Priyadarshini Vihar, Delhi-110092   2. Dr. Rita Grover Consultant Gynae & Ors. C/o R S Grover Memorial Hospital B-243, Priyadarshini Vihar, Delhi-110092   3. United India Insurance Co. Ltd. 42 C, 3 RD Floor, Moolchand Commercial Complex, New Delhi-110024                                                                       …….Respondents

W

CORAM

Justice Veena Birbal, President

Salma Noor, Member

1.   Whether reporters of local newspaper be allowed to see the   judgment? 

2.   To be referred to the reporter or not?

 

Justice Veena Birbal, President

 

1.     In this petition the prayer is made for recalling of order dated 27.11.2015 and allowing the appellant/complainant to file his evidence.

2.     Counsel for the respondent i.e. OPs- 1 & 2 before the Ld. District Forum, is present.

3.     No one has appeared on behalf of respondents-3/OP-3.

4.     We have perused the order sheet. The Ld. District Forum had adjourned the matter on 28.10.2015 to 27.11.2015 for filing written statement on behalf of OP-3.

5.     On 27.11.2015 the Ld. District Forum has passed the following order:

        “No WS has been filed from the side of O.P. No.3. complainant filed the rejoinder with the supporting affidavit. Put up for O.P. Evidence on 08.01.2016”.187

6.     The aforesaid order is under challenge. The grievance is that no opportunity is given to petitioner/complainant for filing evidence by way of affidavit.

7.     We have noticed that on 28.10.2015 there was no direction to the petitioner/complainant to file rejoinder and evidence on the next date i.e. 27.11.2015. However, petitioner/complainant has filed rejoinder with supporting affidavit on 27.11.2015. In that event the Ld. District Forum ought to have given opportunity to appellant/complainant for file evidence by way of affidavit instead of adjourning the matter for OPs evidence.

8.     In the aforesaid facts and circumstances, we find error in the impugned order. We allow this petition and given one opportunity to appellant/complainant to file evidence by way of affidavit. The same is also necessary for effective disposal of the case on merits.

9.     It is stated that the next date before the Ld. District Forum is 02.07.2016.

10.    On the said date petitioner/complainant shall file its evidence by way of affidavit. Thereafter, the Ld. District Forum shall proceed further in the matter in accordance with lay.

        The revision petition stands disposed of accordingly.

        The record of the District Forum be sent back forthwith along with copy of this order.

        File be consigned to record room.

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member