LAWS(NCD)-2008-2-82

SUDHEER SAXENA Vs. D K CONSTRUCTION

Decided On February 11, 2008
SUDHEER SAXENA Appellant
V/S
D K CONSTRUCTION Respondents

JUDGEMENT

(1.) -THIS is an appeal against the majority judgment and order dated 20. 6. 2000 and 29. 3. 2001 passed in Complaint Case No. 54 of 1996 by the District Consumer Forum, Aligarh.

(2.) HEARD Mr. R. K. Gupta, learned Counsel for the appellant and Mr. Ashok Mehrotra and Mr. R. Nath, learned Counsel for the respondents and perused the record.

(3.) THE majority judgment was criticized by Mr. R. K. Gupta on the ground that the order of dismissal of complaint was passed arbitrarily and without taking into consideration the averments contained in the affidavit and the medical evidence warranting a conclusion that it was a case of deficiency of medical services.