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2022 Supreme(Online)(NCDRC) 449

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
SHAILENDRA KUMAR BAJPAI – Appellant
Versus
KULDEEP SAXENA & 2 ORS. – Respondent


Advocates:
For the Petitioner: MR. PRATUL SRIVASTAVA
For the Respondent:

ORDER

Pronounced on: 8th June 2022

ORDER

DR. S. M. KANTIKAR, PRESIDING MEMBER

1.       The present Revision Petition has been filed by the Petitioner (hereinafter referred to as the ‘Opposite Party No. 1) under Section 58(1)(b) of the Consumer Protection Act, 1986 against the Order dated 18.02.2021, wherein the U.P. State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred to as the “State Commission”), dismissed the Appeal and upheld the Order passed by the District Consumer Disputes Redressal Forum, Kanpur Nagar (hereinafter referred to as the “District Forum”) in Consumer Complaint No. 413/2005.

2.       Brief facts that the Complainant Kuldeep Saxena, a labourer suffered fever and approached the clinic of Dr. S. K. Bajpai - the Opposite Party No. 1 at EWS 4/7 KDA Colony, Gangapur, Kanpur Nagar on 11.09.2004. The Opposite Party No. 1 diagnosed it as Malaria and gave injections and some medicines. The Complainant paid Rs. 50/- as his fees. The Complainant, on reaching home, within hours, few blisters developed in the body and there was difficulty in breathing and throat problem. Immediately in the night at 1’O clock, he approached Dr. S. K. Bajpai, but his clinic was

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