NCDRC

NCDRC

FA/2123/2019

APOLLO HOSPITAL & 2 ORS. - Complainant(s)

Versus

SAHEBRAO NIWRUTIRAO PATIL & ANR. - Opp.Party(s)

V.R.N. PRASHANTH & ARJUN D. SINGH

14 Jan 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 2123 OF 2019
 
(Against the Order dated 21/08/2019 in Complaint No. 106/2019 of the State Commission Telangana)
1. APOLLO HOSPITAL & 2 ORS.
REPRESENTED BY ITS MANAGING DIRECTOR, M.SUNEETA REDDY, 9044, APOLLO HOSPITAL, BASEMENT 2, NEAR FILM NAGAR, ROAD NO.72, OPPOSITE BHARATIYA VIDYA BHAWAN SCHOOL, JUBILEE HILLS,
HYDERABAD-500033,
TELENGANA
2. APOLLO HOSPITAL
REPRESENTED BY ITS JOINT MANAGING DIRECTOR, MS SANGITA REDDY, 9044, APOLLO HOSPITAL, BASEMENT 2, NEAR FILM NAGAR, ROAD NO.72, OPPOSITE BHARATIYA VIDYA BHAVAN SCHOOL, JUBILEE HILLS
HYDERABAD-500033,
TELENGANA
3. APOLLO HOSPITALS ENTERPRISES LTD
REPRESENTED BY ITS AUTHORIZED SIGNATORY, NO.19, BISHOP GARDEN, RAJA ANNAMALAIPURAM,
CHENNAI-600028,
TAMIL NADU
...........Appellant(s)
Versus 
1. SAHEBRAO NIWRUTIRAO PATIL & ANR.
S/O NIVRUTI RAO GANGARAM PATIL, NEAR GANESH NAGAR Y POINT, NEAR VIDEKAR HOSPITAL,
NANDED
MAHARASHTRA
2. APOLLO HOSPITAL
REPRESENTED BY ITS FOUNDER CHAIRMAN, SRI PRATAP C. REDDY, 9044 , APOLLO HOSPITAL, BASEMENT 2, NEAR FILM NAGAR, ROAD NO.72, OPPOSITE BHARATIYA VIDYA BHAVAN SCHOOL, JUBILEE HILLS
HYDERBAAD-500033
TELENGANA
...........Respondent(s)

BEFORE: 
 HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER
 HON'BLE MR. BINOY KUMAR,MEMBER

For the Appellant :
Mr. Arjun D Singh, Advocate
For the Respondent :
None

Dated : 14 Jan 2022
ORDER

Learned Counsel for the Appellant is present. No one present for the Respondent.

          We have perused the record inter alia the impugned Order, the application for condonation of delay.

 

 

-2-

          There is a delay of 45 days in filing this Appeal. For the reasons stated in the application for condonation of delay, the said delay is condoned.

          The State Commission has passed the following order on 28.08.2019:

No representation for the Complainant. OP 2 to 4 called absent though served satisfactorily. Set exparte. Await service of OP1. Call on 16.10.2019.”

 

          On the first date of appearance (28.08.2019), the State Commission proceeded ex-parte against the Opposite Parties Nos. 2 to 4. The Complainant was also not present before the State Commission.

          This is the case of alleged medical negligence, which needs proper adjudication. The parties on both the sides shall be given fair opportunity to appear and contest their case. Therefore, the ex-parte Order passed by the State Commission is hereby set aside. The matter is remitted back to the State Commission for further proceedings. The Opposite Parties are strictly warned to be present and conduct the matter professionally without fail.

          Both the parties are directed to appear before the State Commission on 08.03.2022.

-3-

 

          Copy of this order be sent to all the parties and the State Commission within three days.

 
......................
DR. S.M. KANTIKAR
PRESIDING MEMBER
......................
BINOY KUMAR
MEMBER

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