VIMLA AGGARWAL Vs. MUKESH BATRA

JUDGEMENT

(1.) The present appeal, filed by the appellant, under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is directed against order dated 5.4.2003, passed by District Forum-II, Udyog Sadan, Institutional Area, Mehrauli, New Delhi in Complaint Case No.2256/2001- entitled Smt. Vimla Aggarwal V/s. Dr. Mukesh Batra and Anr.

(2.) The facts, relevant for the disposal of the present appeal, briefly stated, are that the appellant Smt. Vimla Aggarwal had filed a complaint before the District Forum under Sec.12 of the Act alleging deficiency in service/negligence on the part of the respondents in treating her. In the complaint, filed by the appellant, for the alleged deficiency in service on the part of the respondents, the appellant had claimed a sum of Rs.3,15,950/- for mental agony, suffering permanent disability, cost of medicines, etc. etc.

(3.) The claim of the appellant in the District Forum was resisted by the respondents. In the reply/written version filed on behalf of the respondents, the respondents had taken certain preliminary objections. On merits while denying each and every allegation it was stated that there was no deficiency in service/negligence on the part of the respondents and the complaint, filed against the respondents, deserved to be dismissed with exemplary costs.