Kanku Bai VS Sanjay

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUNITA YADAV, MONIKA MALIK
Kanku Bai – Appellant
Versus
Sanjay – Respondent

Advocates:
Counsel for the Parties:
For the Appellant: Shri. Nitin Jain, Learned Counsel
For the Respondents: Shri. J.S. Parmar, Learned Counsel

ORDER :

Dr. Monika Malik, Member.—This appeal by the complainant/appellant (hereinafter referred to as ‘complainant’) is directed against the order dated 28.12.2013 passed by the District Consumer Disputes Redressal Commission, Neemuch (for short ‘District Commission’), in complaint case No.49/2009, whereby the District Commission has partly allowed the complaint filed her.

2. The facts of the case in brief are that on 21.8.2008, the complainant got admitted in the hospital of opposite parties regarding surgery of abdomen. Rs.25,000/- were deposited by her in this regard. The complainant alleged that on 22.8.2008, the Opposite Party No.1-doctor, though incised her abdomen but closed it without removing the stiff mass, regarding which operation was performed. She was also referred to Ahmedabad for further treatment. The complainant was subsequently treated in Rajasthan Hospital, Ahmedabad, where again surgery was done and stiff masses, which were present in her abdomen, were removed. The complainant incurred Rs.60,000/-, as treatment expenses. She, therefore, alleged deficiency in service on part of the opposite parties.

3. The opposite parties resisted the complaint on the ground that

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