The court's decision was based on the complainant's failure to appear for the final hearing and the relevant provisions of the Consumer Protection Act.

ORDER

B.A. Shaikh, Presiding Judicial Member (Oral)- Complaint is again taken up at 2.00 p.m. for final hearing. Constituent Attorney (C.A.) of complainant is not present. Adv. Mr. Y.C. Naidu is present for opponent Nos. 1, 3. Opponent No. 1 Dr. Ashok Kirpalani is present in person. Adv. Mr. S.N. Vaishnav is present for Opponent No. 2. Opponent No. 2 Dr. Nirmal Surya is also present in person. Adv. Mr. Mohit Bhansali holding for Adv. Prabhawalkar present for Opponent No. 4. Adv. Mr. Sachin Kataria along with Adv. Mrs. Nandini Singh is present for Opponent No. 5. Representative of Opponent No. 5 namely Mr. S. De, General Manager (Legal) of Bombay Hospital is present.

2. At 12 O clock today letter sent by C.A. of complainant was placed before this Commission. It was declared that it will be taken for consideration at 2.00 p.m. today. Copies of said letter have been supplied to aforesaid Advocates as per their request. During course of consideration on the aforesaid letter, following materials are produced by concern Advocates of the Opponents.

3. Advocate Mr. Naidu appearing for Opponent Nos. 1, 3 submitted say to the aforesaid letter, which is taken on record. He has also submitted that he has already sent by courier affidavit of Dr. Aditya Bhave to this Commission on 30th June, 2012 under the covering letter dated 30.6.2012 vide Outward No. CRN 118/2012. He further submitted that record does not show that said affidavit has reached to this Commission. Hence he has produced copy of covering letter along with said affidavit which is taken on record. He further submitted that affidavit of Dr. B.S. Singal i.e. Opponent No. 3 and affidavit of Dr. Lal Kaka i.e. expert witness have already been sent to this Commission along with covering letter bearing Outward No. 119/2012. He has also submitted the said documents today to this Commission which are taken on record. Adv. Naidu also pointed out that he has already sent by courier written notes of argument separately for Opponent Nos. 1, 3. They are not received by this Commission. Advocate Naidu has produced copies of the said written notes of arguments now. They are taken on record. They are bearing CRN No. 121/2012, 122/2012. Advocate Naidu has produced compilation of judgments along with list. Adv.Naidu has also produced compilation of medical texts. According to him said medical texts are referred to by Opponent Nos. 1, 3 and some of the expert witnesses in their respective affidavits. Adv. Naidu has also produced affidavit of Shri. Pramod Borle. He submitted that said affidavit is relating to the fact that Mr. Borle had gone to the address of Smt. Shobha Shet, C.A. of complainant to serve synopsis of arguments of Opponent Nos. 1, 3, but they were refused. Hence said affidavit is taken on record.

4. Adv. Mr. S.N. Vaishnav has submitted that the affidavit of Dr. Nirmal Surya along with covering letter No. S/250/2012 dated 30.6.2012 has been sent through courier to this Commission. But it is not reached to this Commission. He therefore submitted copy of letter along with copy of affidavit of Dr. Nirmal Surya i.e. Opponent No. 2. He also submitted that along with said letter and affidavit, his synopsis and list along with documents relied by Opponent No. 2 are also produced.

5. Advocate Mr. Mohit Bhansali holding for Adv. Mr. Prabhawalkar present for Opponent No. 4 has produced authority letter of Adv. Prabhawalkar authorizing him to appear before this Commission today. He submitted that he had already furnished copy of affidavit and written notes of arguments to C.A. of complainant. He has also produced covering letter under which as per rules aforesaid affidavit and written notes of argument were supplied to the C.A. of complainant. He has produced aforesaid evidence affidavit of Opponent No. 4 and written notes of argument now before this Commission.

6. Advocate Sachin Kataria has submitted that he has already tendered written version of Opponent No. 5 along with some documents to C.A.