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V.R.KINGAONKAR, VINAY KUMAR
VIRENDRA SINGH – Appellant
Versus
NATIONAL INSTITUTE OF MEDICAL SCIENCES – Respondent


Advocates Appeared:
Ms. Meenakshi Midha, Advocate, for the Appellant; Mr. Achintya Kaushik, Advocate, for the Respondent

ORDER

Vinay Kumar, Member - The appellant Virendra Singh, an agriculturist from Haryana, has filed this appeal against dismissal of his complaint by the Rajasthan State Consumer Disputes Redressal Commission in consumer complaint No. 26/2003. In the complaint before the State Commission, a compensation of Rs. 25 lacs was claimed on account of alleged medical negligence and deficiency in service on the part of opposite parties namely, National Institute of Medical Sciences, Dr. Balveer Singh Tomer and Mrs. Shobha Tomer, in the treatment of Mrs. Nirmala Devi, wife of the complainant.

2. The State Commission, going by the respective pleas, evidence and material brought on record came to a conclusion that the complainant had failed to establish any medical negligence or deficiency in the treatment of the patient. During the course of the hearing on 20.2.2010, it was argued by the learned Counsel for the appellant that the finding of the State Commission is not based on correct and proper appreciation of the evidence and material on record. This being a case of alleged medical negligence and deficiency in the treatment of the patient, the Commission should have referred the question to me

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