VIKAS ARYA Vs. SANTOKBA DURIABHJI

JUDGEMENT

(1.) This Order shall decide both the Appeals arising from the impugned Order dtd. 15/3/2017 passed by the State Consumer Disputes Redressal Commission, Rajasthan ("State Commission") in Consumer Complaint No. 34 of 2003, wherein the State Commission partly allowed the complaint.

(2.) For Convenience, the parties are being referred to as mentioned in the Complaint before the learned State Commission. Mr. Vikas Arya is referred to as the Appellant/ Complainant in First Appeal No. 733/ 2017. While Santokba Durlabhji Memorial Hospital and Medical Research Institute is referred as the Opposite Party No. 1, (OP-1) and Dr. (Mrs) Preeti Sharma, Gynecologist is referred to as the Opposite Party No.2 (OP-2).

(3.) The initial Consumer Complaint No. 34 of 2003 was filed before the learned State Commission and the State Commission, vide Order dtd. 19/5/2011 partially allowed the complaint. However, both the parties appealed against the impugned Order by filing FA No. 294/ 2011 and FA No. 320/ 2011 before this Commission. This Commission, vide Order dtd. 15/11/2006 remanded the case for fresh adjudication after granting opportunity to OP's Hospital and treating Doctor to file additional documents.