Soni Bharti VS Prabha Sinha of Manas

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUBHASH CHANDRA, SADHNA SHANKER
Soni Bharti – Appellant
Versus
Prabha Sinha of Manas – Respondent

Counsel for the Parties:
For the Appellants:Mr. Rahul Sharma, Mr. Kshitij Goel and Mr. Rishab Sharma, Advocates
For the Respondents:Mr. F. K. Rai and Mr. Gaurav S., Advocates

ORDER

Subhash Chandra, Presiding Member.—This Appeal under Section 19 of the Consumer Protection Act, 1986 (for short, the “Act”) assails the order dated 16.03.2018 in Complaint No.08 of 2007 of the Bihar State Consumer Disputes Redressal Commission, Patna (for short, “the State Commission”) whereby the State Commission dismissed the Complaint filed by the Appellant/Complainant with the finding that the Appellant has failed to establish medical negligence as alleged against the Opposite Parties on the ground that no expert opinion was brought on record.

2. We have heard learned Counsel for the parties and perused the records.

3. For the reasons stated in IA No.11368 of 2018 seeking condonation of delay, the delay of 57 days was condoned in the interest of justice.

4. The relevant facts of the case, in brief, are that the Appellant had delivered a baby boy on 11.02.2007 in the Nursing Home of the Respondent No.1. The baby was found to be suffering from chest infection and breathing problems and needed consultation of a child specialist. Respondent No.2 was, therefore, called for advice and, thereafter, the baby was admitted to the Hospital of the Respondent No.2 in a Neonatal ICU (N