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2014 Supreme(UK) 120

B.C.KANDPAL, C.C.PANT
S. K. GUPTA – Appellant
Versus
R. R. DOBHAL – Respondent


Advocates:
For the Appellant : Mr. J.K. Jain and Mr. Vaibhav Jain, Learned Counsel
For the Respondent No. 1: Mr. S.K. Gupta, Learned Counsel
For the Respondent No. 2 & 3: Mr. Ashok Dimri, Learned Counsel
For the Appellants : Mr. Ashok Dimri, Learned Counsel
For the Respondent No. 1: Mr. S.K. Gupta, Learned Counsel
For the Respondent No. 2: Mr. J.K. Jain and Mr. Vaibhav Jain, Learned Counsel

ORDER

(Per: Mr. C.C. Pant, Member):

These two appeals arise out of the order dated 23.07.2010 passed by the District Forum, Dehradun in consumer complaint No. 105 of 2008, whereby the District Forum has allowed the consumer complaint and has directed the opposite parties to pay to the complainant a sum of Rs. 2,25,000/-.

2. The factual matrix of the case is that the complainant – Sh. R.R. Dobhal is a retired Central Government Officer and is covered under Central Government Health Scheme or CGHS Rules of the Central Government. The complainant’s wife was suffering from knee pain. She was referred to Orthopedic Surgeon, Doon Hospital for advice and treatment by CGHS, Dehradun. On 08.05.2007 the complainant’s wife consulted the Orthopedic Surgeon of Doon Hospital and on his prescription, she consulted Dr. S.K. Gupta – opposite party No. 3. Dr. S.K. Gupta advised her for knee replacement. As per the complainant, he requested the doctor to refer the case to higher medical center, but the doctor refused the same on the ground that the knee replacement facility is available in Doon Hospital. On 02.06.2007, the complainant’s wife was admitted in Doon Hospital, where she was operated up


































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