Heard Sri Suresh Kumar, learned counsel
representing Ms.Ramani Annam, learned counsel for the
petitioner and Sri Rajeev Lochan Singh, the respondent
(party-in-person).
2. This revision petition under Article 227 of the
Constitution of India has been filed by the petitioner M/s.
Indus Hospitals, represented by its Chairman at
Visakhapatnam challenging the order dated 20.09.2023,
passed in R.P.No.1380 of 2022, by the National Consumer
Disputes Redressal Commission, New Delhi (in short, the
National Commission).
3.
The respondent herein Sri Rajeev Lochan Singh filed a
Consumer Complaint No. 102 of 2014 against the opposite parties
1 and 2 i.e. (1) M/s.Indus Hospitals, represented by its Chairman
and (2) Dr. Jaya Sai Sehkhar B. Consultant Urologist before the
District Consumers Forum-ll, Visakhapatnam (in short, District
Forum) seeking the reliefs to direct them to pay an amount of
Rs. 18,00,000/- along with compensation of Rs.50,000/- towards
damages and costs for legal expenses towards the alleged
medical negligence and deficiency in service in performing the
surgery of removing the stones. The opposite parties 1 and 2 in
the consumer complaint filed their counter and inter alia denied
the material averments. The District Forum, answered the points
as framed in favour of the complainant/present respondent and
held him entitled for compensation of Rs. 12,00,000/- to be paid
by the 1″* opposite party/the present petitioner-hospital along with
the costs for legal expenses of Rs. 10,000/-. With respect to the
2″^ opposite party doctor, it was held that the complainant was
not entitled to claim any amount from the doctor, there being an
indemnity policy between the hospital and the doctor. Complaint
was, thus allowed in part by order dated 24.07.2017 granting 45
days from the date of receipt of copy of that order for compliance.
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