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D.P.CHOUDHURY
Subrat Kumar Jena – Appellant
Versus
Subash Chandra Dash – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:M/s. B. Baug & Associates, Advocate
For the Respondent:M/s. S.N. Pattnaik & Associates, Advocate

JUDGMENT

Dr. D.P. Choudhury, President.—Heard learned counsel for the appellant further in this case. Even today also respondent is absent. No step is taken by the respondent. It appears from the record that the respondent has submitted written note of submission. So that has to be considered at present in disposing the matter.

2. Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

Facts

3. The factual matrix leading to the case of the complainant is that the complainant’s father Bhimsen Dash was required surgical treatment for which he had been to the Kalinga Hospital for best treatment. It is alleged inter alia that before being treated at Kalinga Hospital Bhimsen Dash was treated at first at Bhubaneswar Municipal Hospital where he was advised for FNAC Test. Since that test was became positive, he was referred to Acharya Harihar Regional Cancer Research Centre, Cuttack. After thorough check up there, he was

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