Ramesh Iyer VS Uma S. Bhat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

S. M. KANTIKAR, BINOY KUMAR
Ramesh Iyer – Appellant
Versus
Uma S. Bhat – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. G. N. Shenoy, Advocate
For the Respondents:Ms. Kokila Kalra, Advocate

ORDER

Dr. S.M. Kantikar, Presiding Member—The Appellants have filed the instant Appeal under section 19 of the Consumer Protection Act, 1986 (in short “the Act”), against the Order dated 19.09.2016 passed by the State Consumer Disputes Redressal Commission, Maharashtra (hereinafter referred to as the “State Commission”) in Consumer Complaint No. 188 of 2003, wherein the State Commission, allowed the Complaint filed by the Complainant (Respondent herein) and awarded compensation of Rs.10,00,000/-.

2. Brief facts are that on 23.03.2003, the Complainant’s daughter Shalvi Bhat, 2½ years of age suddenly developed body rashes and then suffered high grade fever on the next day night. Their family doctor, Dr. Ganesh Godiyar examined the baby on 25.03.2003 and referred her to Dr. Ramesh Iyer’s Hospital - the OPs for treatment. On 25.03.2003 the baby Salvi (for short, ‘the patient’) was admitted to the OP-2 Hospital and treated for 5 days till 29.03.2003. It was alleged that the patient’s condition deteriorated further and due to lack of ICU and emergency treatment facilities, the Complainant was compelled to take the child to Nanavati Hospital. On 30.03.2003, the child was taken immediately t

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