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Global Hospitals, Lakdi-ka-pool, Hyderabad, Represented by its Chairman and Managing Director, Dr. Ravindranath & Others v/s Mohammed Abdul Aleem @ M.A. Aleem


Company & Directors' Information:- GLOBAL HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TG1996PTC025213

Company & Directors' Information:- B N GLOBAL PRIVATE LIMITED [Active] CIN = U15400PB2014PTC038543

Company & Directors' Information:- K V GLOBAL PRIVATE LIMITED [Active] CIN = U24100DL2014PTC263567

Company & Directors' Information:- S V S HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TG2007PTC052534

Company & Directors' Information:- GLOBAL CORPORATION LIMITED [Active] CIN = L74999DL1992PLC048880

Company & Directors' Information:- D D HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN2009PTC073765

Company & Directors' Information:- T & I GLOBAL LTD. [Active] CIN = L29130WB1991PLC050797

Company & Directors' Information:- A AND E HOSPITALS PRIVATE LIMITED [Active] CIN = U85110KL2003PTC016562

Company & Directors' Information:- K G GLOBAL PRIVATE LIMITED [Active] CIN = U74999DL2000PTC104788

Company & Directors' Information:- A. V. GLOBAL CORPORATION PRIVATE LIMITED [Active] CIN = U63090DL2007PTC159315

Company & Directors' Information:- A N GLOBAL LIMITED [Active] CIN = U92110MH1985PLC035269

Company & Directors' Information:- D S GLOBAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071516

Company & Directors' Information:- A B C GLOBAL PRIVATE LIMITED [Active] CIN = U51909PB2011PTC035103

Company & Directors' Information:- I A T GLOBAL COMPANY PRIVATE LIMITED [Active] CIN = U24116DL1997PTC084916

Company & Directors' Information:- J D GLOBAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC091270

Company & Directors' Information:- R R HOSPITALS PRIVATE LIMITED [Active] CIN = U85100HR2011PTC042705

Company & Directors' Information:- B N G GLOBAL INDIA LIMITED [Active] CIN = U52590DL2011PLC225377

Company & Directors' Information:- N K COMPANY (GLOBAL) PRIVATE LIMITED [Active] CIN = U52390WB2010PTC153624

Company & Directors' Information:- K B K GLOBAL PRIVATE LIMITED [Active] CIN = U24296DL2016PTC290487

Company & Directors' Information:- K P S HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TZ1994PTC004918

Company & Directors' Information:- M & D GLOBAL PRIVATE LIMITED [Active] CIN = U31101UP1974PTC003937

Company & Directors' Information:- B R S HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN1988PTC016237

Company & Directors' Information:- V R GLOBAL PRIVATE LIMITED [Active] CIN = U45200WB2007PTC120797

Company & Directors' Information:- V H M HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN2009PTC073497

Company & Directors' Information:- M M GLOBAL PRIVATE LIMITED [Strike Off] CIN = U29120WB1986PTC041280

Company & Directors' Information:- R V GLOBAL PRIVATE LIMITED [Active] CIN = U74990MH2009PTC195301

Company & Directors' Information:- M M C GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U11200MH2010PTC206910

Company & Directors' Information:- S R GLOBAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1997PTC084553

Company & Directors' Information:- H V GLOBAL PRIVATE LIMITED [Active] CIN = U18101DL2000PTC103960

Company & Directors' Information:- R P GLOBAL PRIVATE LIMITED [Strike Off] CIN = U74990MH2009PTC193409

Company & Directors' Information:- M S GLOBAL PRIVATE LIMITED [Active] CIN = U70100MH2008PTC213273

Company & Directors' Information:- R S V GLOBAL LIMITED [Strike Off] CIN = U51909DL1994PLC059032

Company & Directors' Information:- D B R HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TG2003PTC041648

Company & Directors' Information:- N B GLOBAL (INDIA) PRIVATE LIMITED [Active] CIN = U15122UP2012PTC051614

Company & Directors' Information:- S M R HOSPITALS PVT LTD [Strike Off] CIN = U85110DL2005PTC143152

Company & Directors' Information:- M M HOSPITALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U85110UP1993PTC015371

Company & Directors' Information:- K C HOSPITALS PRIVATE LIMITED [Strike Off] CIN = U85110PB2012PTC035880

Company & Directors' Information:- B M HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN2005PTC058062

Company & Directors' Information:- S A HOSPITALS LIMITED [Strike Off] CIN = U85110MH2002PLC136697

Company & Directors' Information:- M. B. HOSPITALS PRIVATE LIMITED [Active] CIN = U85100HR2010PTC041489

Company & Directors' Information:- M AND D HOSPITALS PRIVATE LIMITED [Active] CIN = U85110DL2002PTC117618

Company & Directors' Information:- M. R. HOSPITALS PRIVATE LIMITED [Strike Off] CIN = U85110UP1995PTC018165

Company & Directors' Information:- S P HOSPITALS PVT LTD [Strike Off] CIN = U85110HP1992PTC012651

Company & Directors' Information:- A M GLOBAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC261061

Company & Directors' Information:- L S A GLOBAL INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900TG2015PTC098308

Company & Directors' Information:- HYDERABAD HOSPITALS PVT. LTD. [Active] CIN = U85110TG1989PTC010293

Company & Directors' Information:- V K R HOSPITALS PRIVATE LIMITED [Strike Off] CIN = U85110TG2011PTC075009

Company & Directors' Information:- R L GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U52300HP2014PTC000764

Company & Directors' Information:- V P HOSPITALS PRIVATE LIMITED [Active] CIN = U85110DL2011PTC220548

Company & Directors' Information:- G R GLOBAL PRIVATE LIMITED [Active] CIN = U70102KA2013PTC069586

Company & Directors' Information:- MA HOSPITALS PRIVATE LIMITED [Strike Off] CIN = U85110GJ2005PTC046564

Company & Directors' Information:- H. E. GLOBAL PRIVATE LIMITED [Active] CIN = U72901GJ2016PTC092866

    FA No. 115 of 2016 (Against Cc No. 257 of 2014

    Decided On, 03 January 2020

    At, Telangana State Consumer Disputes Redressal Commission Hyderabad

    By, THE HONOURABLE MR. JUSTICE M.S.K. JAISWAL
    By, PRESIDENT & THE HONOURABLE MRS. MEENA RAMANATHAN
    By, MEMBER

    For the Appellants: T. Rajendra Prasad, Advocate. For the Respondent: J. Ananth Ram, Advocate.



Judgment Text


MSK Jaiswal, President

Oral:

Opposite parties in CC No.257 of 2013 on the file of District Consumer Forum-III, Hyderabad preferred this appeal feeling aggrieved by the orders dated 08.01.2014 directing the Opposite parties to jointly and severally pay the Complainant a sum of Rs. 50,000/- towards compensation and Rs. 2,000/- towards costs of the complaint granting time of (30) days for compliance.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint.

3. The case of the Complainant, in brief, is that he approached Opposite party No.1 hospital complaining sustaining injury to his forehead on 15.12.2012 upon which, tetanus injection was administered by the duty doctor. Thereafter, he stated to have complained that the strength in his fingers is weak and his left hand is painful. The duty doctor asked him to consult neurologist, however, in order to avoid further aggravation, he was advised to admit in the hospital and undergo certain tests. On the following day, after subjecting him to x-ray and tests, the Orthopedic opined that he had a slight displacement of bone in his neck and advised to use neck collar to avoid further damage.

4. During his stay in the hospital, the staff failed to provide proper support to his neck and also failed to provide pillow and he was made to lay down on rock hard pillows. Next day, he was advised MRI for which he underwent at Lucid Diagnostic Centre as the said facility was not available with Opposite parties. The stretcher provided by the Opposite parties on which he was shifted was too small which also caused intolerable pain and made him to suffer agony for hours together. Later, after obtaining report, he was advised for surgery, which he postponed due to pain and accordingly he was discharged on 19.12.2012. During the above process, Complainant faced much ordeals apart from incurring expenditure. Hence, filed the present complaint claiming reimbursement of Rs. 64,000/- apart from compensation of Rs. 2,50,000/- and costs of Rs. 5,000/-.

5. Opposite parties, though served with notice, have failed to cause their appearance resulting which they were set ex-parte.

6. During the course of enquiry before the District Forum, in order to prove his case, the Complainant filed his affidavit evidence as PW1 and the documents Ex.A1 to A7.

7. The District Forum after considering the material available on record, allowed the complaint, as stated supra, at paragraph No.l.

8. Aggrieved by the above said orders, the Appellants/Opposite parties preferred the present appeal contending that the forum below failed to provide an opportunity to them and based its findings without there being an expert evidence. As the then Officer who was looking after the legal matters resigned from the job, they had no communication of the matter in dispute resulting in passing of orders uncontested. Hence, prayed to allow the appeal by setting aside the orders impugned.

9. The point that arises for consideration is whether the impugned order as passed by the District Forum suffers from any error or irregularity or whether it is liable to be set aside, modified or interfered with, in any manner? To what relief ?

10. Heard the learned counsel appearing for the Appellants/Opposite parties and perused the material on record and orders impugned in the appeal. The appeal is directed against the orders dated 08.01.2014 of the District Forum in CC No.257 of 2013, by and under which, the District Forum has awarded a sum of Rs. 50,000/- to the Respondent herein by way of compensation and costs of Rs. 2,000/- for the alleged mishandling of the Respondent/ Complainant during the course of treatment.

11. The learned counsel appearing for the Appellants/Opposite parties contend that the opportunity that is afforded to them in the District Forum could not be availed for the reasons beyond their control whereby the matter came to be disposed of in absentia and even without their written version being placed on record. Therefore, the learned counsel submits that if an opportunity is afforded to them, they will appear before the District Forum and put forward their case and the District Forum can adjudicate the controversy after appreciating the rival contentions.

12. Having heard the submissions and perused the material on record, we are of the opinion that the interest of justice demands that an opportunity should be afforded to the Appellants/Opposite parties to contest the matter to get the complaint disposed of on merits rather than suffering the order ex-parte. However, the interest of justice further demands that the Respondent/ Complainant who appears to be aged about 65 years needs to be compensated for the delay which can be quantified at Rs. 35,000/-.

13. In the result, the appeal is allowed and the matter is remanded to the District Forum for fresh adjudication after affording an opportunity to the Appellants/Opposite parties to f

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ile their written version and contest the consumer complaint subject to condition that the Appellants/Opposite parties shall remit a sum of Rs. 35,000/- (Rupees thirty five thousands only) to the Respondent/Complainant within one month from today, by way of costs directly and to file acknowledgement thereof. If the amount is not paid, the appeal shall stands dismissed confirming the orders impugned. On proof being shown, the District Consumer Forum shall restore the consumer complaint to its original number and proceed to dispose it of in accordance with law.
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