Clinic Nallam VS A. Helen Victoria

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUDIP AHLUWALIA, J. RAJENDRA, AVSM VSM
Clinic Nallam – Appellant
Versus
A. Helen Victoria – Respondent

Counsel for the Parties:
For the Appellants:Mr. Senthil Jagadeeshan and Mr. Sajal Jain, Advocates
For the Respondent No.1:Mr. Akur Raj, Mrs. Nikita Raj, Mr. Tushar Bhalla and Mr. Sarthak Dora, Advocates
For the Respondent No.2: Not Appeared

ORDER

AVM J. Rajendra, AVSM, VSM (Retd.), Member—The Appellant filed the instant Appeal under section 19 of the Consumer Protection Act, 1986 (in short “the Act”), against the Order dated 20.04.2012 passed by the State Consumer Disputes Redressal Commission, Puducherry (hereinafter referred to as the “State Commission”) in Consumer Complaint No. 2 of 2004, wherein the State Commission partly allowed the Complaint filed by the Complainant.

2. For the sake of Convenience, the parties in the present matter being referred to as position held in Consumer Complaint before the State Commission. Smt A. Helen Victoria is identified as the Complainant or the Patient (Respondent No. 1 herein). While M/s. Clinic Nallam, a private nursing home identified as Opposite Party-1 (Appellant No. 1 herein) Dr. V. Nallam is referred to as OP-2 (Appellant No. 2 herein) and Dr. Sreeramamurthy is identified as OP-3 (Respondent No. 2 herein).

3. The facts of the case as per the Complainant are that on 24.06.1991, the complainant underwent an abdominal hysterectomy at the OP-1 nursing home in Pondicherry, performed by Dr. V. Nallam (OP-2) and Asst. Surgeon Dr. Sreeramamurthy (OP-3). The histopathology report