S.S. PRASAD Vs. SUMITRA DEVI

JUDGEMENT

(1.) IN the instant writ application under Article 226 of the Constitution India the petitioner has prayed for quashing the order dated 31st August 2005 passed by National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 1769/05 and also for quashing the order dated 2.5.2005 and 29.3.2000 passed by the State Consumer Disputes Redressal Commission in Appeal No. 162/04 and the District Consumer Disputes Redressal Forum, Ranchi in Complaint Case No. 84/96 respectively.

(2.) THE brief facts of the case are that respondent Smt. Sumitra Devi filed a complaint before the District Consumer Redressal Forum, Ranchi (in short District Forum) alleging that her husband was admitted in petitioner's Nursing Home, namely, Prasad Nursing Home on 5.5.1996 on the advice of the petitioner making allegation that a sum of Rs. 2200/ - was deposited on the demand of the doctor. After taking the aforesaid amount, petitioner alleged to have demanded from the respondent, Rs. 3000/ - more otherwise he would not take up the case. Respondent alleged to have rushed to arrange the money but due to less money and due to late treatment, patient died on 7.5.1996. Respondent, therefore, claimed compensation of Rs. 4,50,000/ -. After giving notice to the petitioner and after hearing the parties the District Forum allowed the complaint case and directed for payment of Rs. 4,50,000/ -. Petitioner preferred appeal before the Sate Consumer Disputes Redressal Commission (in short State Commission) being Appeal No. 162/04. The State Commission dismissed the appeal by passing a reasoned order on 2.5.2005. Petitioner, thereafter, preferred revision application before the National Consumer Disputes Redressal Commission, New Delhi (in short National Commission) being Revision Petition No. 1769/05. The National Commission after hearing the parties dismissed the Revision Application by order dated 31.8.2005. Petitioner, thereafter, challenged the aforesaid orders by filling this writ application under Article 226 of the Constitution of India.

(3.) IN the aforesaid background of this case, with the consent of the learned Counsel appearing for the parties, the writ application is being heard and disposed of by this order.