D.K.JAIN, M.SHREESHA
Rajendra Banthia – Appellant
Versus
D. C. Malviya – Respondent
Mrs. M. Shreesha, Member—Challenge in these Revision Petitions under Section 21(b) of the Consumer Protection Act, 1986 (in short, ‘the Act’) is to the order dated 12.10.2009 in Appeal Nos.457/2006 & 472/2006 passed by the State Consumer Disputes Redressal Commission, Chhattisgarh, Raipur, (in short, “the State Commission”). By the impugned order, the State Commission has concurred with the finding of the District Consumer Disputes Redressal Forum, Raipur, Chhattisgarh, (in short, “the District Forum”) passed in Consumer Complaint No.310/2003 and dismissed the Appeals preferred by both the Complainant (FA No.457/2006) and Opposite Party No.5 - doctor (FA No.472/2006).
2. The brief facts as set out in the Complaint are that Smt. Malviya, (hereinafter referred to as “the patient”) was suffering from diabetes for the past 10-12 years and was also suffering from Nephropathy, anemia and hypertension before her death. On 13.08.2001, blood oozed out of her nose and she went to Dr. Rakesh Gupta, ENT Specialist, who diagnosed that there were polyps in the nose and prescribed med
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