S.K.M.LODHA, DAMODAR THANVI, SARIA KHAN
CHANCHAL OSWAL – Appellant
Versus
SANTOKBA DURLABHJI MEMORIAL HOSPITAL – Respondent
Mr. Justice S.K.M. Lodha, President— This is a complaint filed by Smt. Chanchal Oswal under Sect. 12 read with Sect. 17(a)(i) of the Consumer Protection Act, 1986 (“the Act” herein) for awarding Rs. 9,69,500/- together with interest @ 18% p.a. from the date of the filing of the complaint until realisation. The amount was claimed on account of the negligence of opposite parties (Santokba Durlabhaji Memorial Hospital, Jaipur and Dr. Nemish A. Shah, Bombay). The complaint was filed on January 8, 1991. It was alleged by the complainant that she was suffering from chest pain and heart trouble. She consulted various doctors but she was not relieved from the suffering. Ultimately she consulted Dr. Ashok Jain working in opposite party No. 1 and paid the fees. It may be stated that opposite party No. 1 is a hospital which provides medical facilities and services connected therewith on payment of charges. Dr. Ashok Jain advised that she will have to undergo a heart operation which can be performed through opposite party No. 1. Thereafter she contacted the officers of opposite party No. 1. She was told that the services of a heart surgeon can be made available to her on payment of Rs. 75
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