A. K. RAI VS Pradeep Kumar Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUBHASH CHANDRA, J. RAJENDRA
A. K. RAI – Appellant
Versus
Pradeep Kumar Singh – Respondent

Counsel for the Parties:
For the Petitioner:Mr. Madhurendra Kumar, Advocate
For the Respondent:Mr. Arvind Gupta, Mr. Mohit Bidhuri, Mr. Kanan Bhardwaj and Ms. Kritika Dixit, Advocates with Authority Letter

ORDER

AVM J. Rajendra, AVSM VSM (Retd.), Member—This Revision Petition is filed under Section 21(b) of the Consumer Protection Act, 1986 (the Act) challenging the U.P. State Consumer Disputes Redressal Commission, Lucknow (‘State Commission’) order dated 16.06.2017 vide which the State Commission partly allowed the Appeal No.338/2017, reduced the rate of interest to 5% per annum and upheld the remaining part of the District Consumer Disputes Redressal Forum, Varanasi (‘District Forum’) order dated 17.01.2017.

2. As per the report of the Registry, there is 3 days delay in filing this Revision Petition. For the reasons stated in IA/14890/2017, the delay is condoned.

3. For convenience, the parties in the present matter are being referred to as mentioned in the Complaint before the District Forum. Pradeep Kumar Singh is complainant (Respondent) whereas Dr. A.K. Rai Shayama Hospital is the Opposite Party (OP - Petitioner).

4. Brief facts of the case, as per the complainant, are that he brought his mother, Smt. Phool Kumari, to the opposite party’s (OP) clinic for treatment of a fractured upper left leg. As per OP’s advice, his mother was admitted to the clinic on 05.07.2004, and the sur