STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

(1)

Date of institution : 23.08.2022 Reserved on : 19.12.2024 Date of Decision : 16.01.2025

1. Arzoo Hospital Rara Sahib, Malaudh Road, Tehsil Payal, District Ludhiana through its Managing Director/Proprietor.

2. Dr. Dev Dutt Bhakhri c/o Arzoo Hospital Rara Sahib, Malaudh Road, Tehsil Payal, District Ludhiana, Punjab ….Appellants/Opposite Parties Versus Darshan Singh son of Sh. Gajjan Singh (since deceased) through LRs:

1. a) Jasvir Kaur wife of Sh. Darshan Singh (Wife)

1. b) Lakhwinder Kaur wife of Sh. Ranjit Kumar (Daughter)

1. c) Narpinder Kaur daughter of Sh. Darshan Singh (Daughter)

1. d) Navdeep Kaur wife of Sh. Laljit Singh (Daughter)

1. e) Rajinder Kaur wife of Sh. Gurpreet Singh (Daughter)

1. f) Jagpreet Singh son of Sh. Darshan Singh (Son)

All residents of VPO Gadani Kalan, Tehsil Payal, District Ludhiana .…Respondents/Complainant (2)

First Appeal No.965 of 2022 Date of institution : 10.11.2022 Reserved on : 19.12.2024 Date of Decision : 16.01.2025 Darshan Singh son of Sh. Gajjan Singh (since deceased) through LRs:

1. a) Jasvir Kaur wife of Sh. Darshan Singh (Wife)

1. b) Lakhwinder Kaur wife of Sh. Ranjit Kumar (Daughter)

1. c) Narpinder Kaur daughter of Sh. Darshan Singh (Daughter)

1. d) Navdeep Kaur wife of Sh. Laljit Singh (Daughter)

1. e) Rajinder Kaur wife of Sh. Gurpreet Singh (Daughter)

2. f) Jagpreet Singh son of Sh. Darshan Singh (Son)

All residents of VPO Gadani Kalan, Tehsil Payal, District Ludhiana .…Appellants/Complainant Versus

1. Arzoo Hospital Rara Sahib, Malaudh Road, Tehsil Payal, District Ludhiana through its Managing Director/Proprietor.

2. Dr. Dev Dutt Bhakhri c/o Arzoo Hospital Rara Sahib, Malaudh Road, Tehsil Payal, District Ludhiana, Punjab.

….Respondents/Opposite Parties First Appeals under Section 41 of the Consumer Protection Act, 2019 against the order dated 28.06.2022 passed by the District Consumer Disputes Redressal Commission, Moga, Camp Court at Ludhiana in C.C. No.

RBT/CC/17/909 of 2017.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Mr. Vishav Kant Garg, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No 3) Whether judgment should be reported in the Digest? Yes/No Present in F.A. No. 734 of 2022:-

For the appellants : Sh. Shvetanshu Goel, Advocate For the respondent : Sh. Chandeep Singh, Advocate Present in F.A. No. 965 of 2022:-

For the appellant : Sh. Chandeep Singh, Advocate For the respondent : Sh. Shvetanshu Goel, Advocate VISHAV KANT GARG, MEMBER :

By this common order of ours, two Appeals i.e. First Appeal No.734 of 2022 and First Appeal No.965 of 2022 shall be disposed off as both the Appeals are arising out of the same order. In F.A. No. 734 of 2022, Appellants (Arzoo Hospital & Anr.) are seeking for setting aside of the impugned order whereas in F.A. No. 965 of 2022, Appellant-Darshan Singh-Complainant through his LRs is praying for enhancement of the awarded amount. The facts of the case have been taken from the Appeal of Arzoo Hospital i.e. First Appeal No.734 of 2022.

2. Appellants/Opposite Parties i.e. Arzoo Hospital, Ludhiana & Anr., have filed the present Appeal through its Managing Director to challenge the impugned order dated 28.06.2022 passed by the District Consumer Disputes Redressal Commission, Moga (Camp Court at Ludhiana) (in short, “the District Commission”), whereby the Complaint filed by the Respondent/Complainant-Darshan Singh had been allowed. 3. It would be apposite to mention here that hereinafter the parties will be referred, as were arrayed before the District Commission.

4. Briefly, the facts of the case as made out by the Respondent/Complainant in the Complaint filed before the District Commission are that the Complainant-Darshan Singh suffered back pain in his spinal cord, had approached the OP-Hospital during the night of 19/20.10.2017 where he was admitted. He was suggested for MRI from Ludhiana. After seeing the M