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STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.
First Appeal No.207 of 2020
Date of institution : 24.06.2020
Date of decision : 03.02.2021
Orthonova Joint & Trauma Hospital (P) Ltd., Nakodar Road, near Nari
Niketan, Jalandhar City, through its Authorized Signatory.
….Appellant/Opposite Party No.5
Versus
1. Pritam Kaur, aged about 62 years, wife of Sh. Gurcharan Singh,
Resident of Maur Nabha-148108, Tehsil Tapa, District Barnala.
….Respondent/Complainant
2. Bhai Ghanaya Trust, Sewa Centre, Punjab State Co-op Bank,
SCO 175-187, Sector 34-A, Chandigarh-160022, through its
Managing Director/Chairman.
3. United India Insurance Company Limited, Regd. & Head Office
74, Whites Road, Chennai-600014, through its Managing
Director.
4. MD India Health Insurance TPA Pvt. Ltd., Maxpro Info Park, D-
38, Industrial Area, Phase-I, Mohali-160055, through its
Managing Director.
5. Bhai Ghanaya Trust, Punjab State Co-op Bank, SCO 175-187,
Sector
34-A,
Chandigarh-160022,
through
its
Managing
Director/Chairman.
6.
The Secretary, The Mouran MPCASS, Maur Nabha-148108,
Tehsil Tapa, District Barnala.
….Respondents/Opposite Parties No.1 to 4 & 6
First Appeal against the order dated
09.03.2020
of
the
District
Consumer
Disputes
Redressal
Forum
(now,
“Commission”) Barnala.
Quorum:-
Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President
Mr. Rajinder Kumar Goyal, Member
Mrs. Kiran Sibal, Member.
First Appeal No.207 of 2020
2
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
Argued By:-
For the appellant
: Sh. Sahil Khunger, Advocate
For respondent No.1 : Sh. Pushpinder Kaushal, Advocate
For respondent No.2&5: Sh. N.S. Vashist, Advocate
For respondent No.3 : Sh. Nitin Gupta, Advocate
For respondent No.4 : Ex parte
For respondent No.5 : Sh. Rishab Kumar Jain, Advocate.
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT
The instant appeal has been filed by the appellant/opposite
party No.5 against the order dated 09.03.2020 passed by District
Consumer Disputes Redressal Forum (now, “Commission”), Barnala
(in short, “the District Commission”), whereby the complaint filed by
respondent No.1/complainant, under Section 12 of the Consumer
Protection Act, 1986, was partly allowed against opposite party No.5,
in the following terms:
“18. In view of the above discussion and copy of email dated
17.10.2019 Ex.OP-3/1 the present complaint is partly allowed
against the opposite party No. 5. Accordingly, the opposite
party No. 5 i.e. Orthonova Joint and Trauma Hospital Private
Limited, Jalandhar is directed to pay Rs. 1,00,000/- (One Lac
Only) to the complainant on account of deficiency in service and
unfair trade practice on their part due to which the cashless
request of the complainant was closed by the opposite parties
No. 3 and 4. However, the opposite party No. 5 can recover this
amount from the opposite party No. 3 i.e. United India
Insurance Company Limited, Chennai by due course of law, if
so advised. The opposite party No. 5 is also directed to pay
₹7,000/- to the complainant as consolidated amount of
compensation for mental tension, harassment and litigation
expenses. The opposite party No. 5 is also directed to pay
₹3,000/- as costs in the Consumer Legal Aid Account
maintained by this Forum. Compliance of the order be made
within the period of 30 days from the date of the receipt of the
First Appeal No.207 of 2020
3
copy of this order, failing which the opposite party No. 5 is
directed to pay the above mentioned amount of ₹1,00,000/-
alongwith interest at the rate of 6% per annum from the date of
order till actual realization.”
2.
It would be apposite to mention that hereinafter the parties
will be referred, as have been array
