Vandana Adhikari Sanawad VS Manisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUNITA YADAV, MONIKA MALIK
Vandana Adhikari Sanawad – Appellant
Versus
Manisha – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners: Ms. Kanchan Singh, Learned Counsel for Complainant -Smt. Manisha
For the Respondents: Shri Gautam Gupta, Learned Counsel for Opposite Party - Dr. Vandana Adhikari, Who is also present.

ORDER

Dr. Monika Malik, Member.—This order will govern disposal of above mentioned two appeals No.1301/2015 (filed by opposite party-Dr. Vandana Adhikari) and 1312/2015 (filed by the complainant) as both the appeals arise out of a common order. However, for the purpose of convenience facts are taken from appeal No.1301/2015, unless otherwise, stated.

2. These appeals are directed against the order dated 5.10.2015 passed by the District Consumer Disputes Redressal Commission, Mandleshwar (for short ‘District Commission’), in complaint case No.99/2014, whereby the District Commission has allowed the complaint filed by the complainant-Smt. Manisha and has directed the opposite party- doctor to pay Rs.1 lakh to the complainant within one month failing which the aforesaid amount is directed to paid with interest @ 8% per annum from 22.9.2014, till payment. Compensation and costs Rs.25,000/- and Rs.2,000/- respectively has also been awarded. The complainant filed appeal for enhancement of impugned award, whereas the opposite party filed the appeal for setting aside of the impugned order.

3. Case of the complainant is such that she had consulted the opposite party/doctor, who is a qualified

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