Savita Luthra VS Rambali

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

AVM J. RAJENDRA
Savita Luthra – Appellant
Versus
Rambali – Respondent

Advocates:
Counsel for the Parties:
For the Appellants:Mr. Sandeep Kapoor, Advocate
For the Respondent: Mr. Deepak Kumar Kushwaha, Who Also AR for R-2

ORDER

The Appellant filed the instant Appeal under Section 19 of the Consumer Protection Act, 1986, (in short “the Act”), against the Order dated 11.12.2017 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (the “State Commission”) in Consumer Complaint No. 58 of 2001, wherein the State Commission partly allowed the Complaint filed by the Complainant (Respondent herein) against the Opposite Parties (Appellants herein).

2. There is 7 days delay in fling the present appeal and for the reasons stated the same is condoned.

3. For Convenience, the parties in the present matter are being referred to as position held in Consumer Complaint before the State Commission. Sh. Ram Bali (since Deceased) is identified as the Complainant who was the Husband of Smt. Kamla alias Kamlesh Kushwaha (patient or the deceased). Dr. Savita Luthra and Dr. SK Luthra are identified as OP-1 & OP-2 respectively (OPs).

4. In the present case, the Complainant’s wife sought medical attention at Suraj Nursing Home with the complaint of abdominal pain, operated by Dr. Smt. Savita Luthra (OP-1) on 29.04.2000. Upon admission and depositing an initial amount of Rs. 500, she was assured by OP-1 an