NCDRC

NCDRC

RP/3393/2010

REGIONAL DIRECTOR, ESI CORPORATION & ORS. - Complainant(s)

Versus

SHANTI DEVI & ORS. - Opp.Party(s)

MR.YAKESH ANAND

10 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3393 OF 2010
 
(Against the Order dated 19/05/2010 in Appeal No. 785/2004 of the State Commission Punjab)
1. REGIONAL DIRECTOR, ESI CORPORATION & ORS.
Madhya Marg
Chandigarh
2. DR. SUDESH KUMAR
ESI Hospital
Ludhiana
Punjab
3. THE SENIOR MEDICAL OFFICER
ESI Corporation
Ludhiana
Punjab
...........Petitioner(s)
Versus 
1. SHANTI DEVI & ORS.
Resident of Village Baddowal, Tehsil & District Ludhiana
Ludhiana
Punjab
2. RAM PAL, S/O. LATE SH. RANDHIR CHAND
Resident of Village Baddowal, Tehsil & District Ludhiana
Ludhiana
Punjab
3. RAM PIARI, S/O. LATE SH. RANDHIR CHAND
Resident of Village Baddowal, Tehsil & District Ludhiana
Ludhiana
Punjab
4. SHARANJIT
Resident of Village Baddowal, Tehsil & District Ludhiana
Ludhiana
Pujnab
5. KIRAN PREET
Resident of Village Baddowal, Tehsil & District Ludhiana
Ludhiana
Pujnab
6. PARAMJIT
Resident of Village Baddowal, Tehsil & District Ludhiana
Ludhiana
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
MR. MURARI LUMAR, ADVOCATE
For the Respondent :NEMO

Dated : 10 Nov 2010
ORDER

Heard counsel for the petitioner. 

The delay of 29 days is condoned.  On consideration of the records as also material as well as evidence, both the fora below have recorded the findings of the medical negligence on the part of the hospital.  The objections raised by the present petitioner were considered by the State Commission as well as Consumer Forum and were rejected.  In view of the concurrent findings of the fora below, we do not find that any case has been made out for interference in the exercise of revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986 as we do not find any jurisdictional error, illegality or material irregularity in the orders of fora below.  The revision is, accordingly, dismissed with no order as to costs.

 

 
......................J
R.K. BATTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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