ORDER

M. Shreesha, Member—Aggrieved by the order in CC0687 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short “the State Commission”), the Complainants namely, Mr. Pankaj R. Toprani, Smt. Vasant Ranjit Toprani, Mr. Janak Ranjit Toprani and Mrs. Kalpana H. Lilani have preferred this First Appeal under Section 19 of the Consumer Protection Act, 1986 (in short “the Act”). By the impugned order, the State Commission has dismissed the Complaint holding that there was no medical negligence on behalf of the Opposite Parties.

2. The Bombay Hospital and Medical Research Centre of the Bombay Hospital Trust arrayed as the first Opposite Party (is hereinafter referred to as “the Hospital”), Dr. P.B. Desai arrayed as the second Opposite Party (is hereinafter referred to as “Dr. Desai”), and Dr. Sanjay Wagle arrayed as the third Opposite Party (is hereinafter referred to as ‘Dr. Wagle’).

3. Mr. Ranjit Toprani (hereinafter referred to as “the Patient”), was operated in the Hospital by Dr. Desai. The Patient was 73 years old and died during the pendency of