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D.K.JAIN, VINAY KUMAR, M.SHREESHA
Ashok Kumar Rai – Appellant
Versus
Seema Singh – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. K.G. Sharma, Advocate with Appellant in person
For the Respondent No.1:Mr. Anirudh Sharma, Advocate
For the Respondent No.2:Mr. Sushil Kumar Gupta, Advocate

ORDER

M. Shreesha, Member—This Appeal is directed against the majority order of the State Consumer Disputes Redressal Commission, Lucknow, U.P. (for short “State Commission”) in Complaint Case No. 20 of 2004. By the impugned order, the State Commission held that there was negligence on the part of the Appellant in treating the Complainant and directed the doctor to pay Rs.1,50,000/- to the Complainant from the date of the receipt of the order failing which it would attract an interest of 12% per annum.

2. Briefly stated, the material facts are that the Complainant, a pregnant lady, approached the Appellant Doctor on 13.2.2004 with abdominal pain and on examination, he detected excess collection of fluid in the abdomen. She was treated as an inpatient from 13.2.2004 till 17.2.2004. The Complainant pleaded that in order to avoid extra expenses, she had taken a room on rent, neighbouring the hospital and was staying with her in laws and undergoing treatment. On 2.3.2004, she was again admitted in the hospital for abdominal pain and the Doctor prescribed some medicines and informed her that the expected date of delivery would be 15.3.2004. The Complainant averred that on 15.3.2004 and on













































































































































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