ANIRUDH AGGARWAL versus DHARAM BIR BHATIA

ANIRUDH AGGARWAL versus DHARAM BIR BHATIA

National Commission was not justified in dismissing the revision petition as its conclusion regarding concurrent findings of medical negligence was contrary to the State Commission, which had found no medical negligence.

Parties
Appellant: Anirudh Aggarwal; Respondent: Dharam Bir Bhatia
Jurisdiction
India
Judgment Date
15 April 2009
Procedural Posture
Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Order
Outcome
Impugned order of National Commission set aside; revision petition of appellant to be heard along with complainant's revision petition; no order as to costs.
Legal Topics
Medical Negligence Under Consumer Protection Act, Compensation for Incomplete Dental Treatment
Consumer Protection Medical Negligence Medical Negligence Under Consumer Protection Act Compensation for Incomplete Dental Treatment

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Parties

Anirudh Aggarwal

Appellant

Dharam Bir Bhatia

Respondent

Procedural Posture

Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Order

Legal Issues

  1. 1 Whether there was medical negligence in the treatment of respondent's daughter's teeth
  2. 2 Whether National Commission correctly dismissed the revision petition

Ratio Decidendi

National Commission was not justified in dismissing the revision petition as its conclusion regarding concurrent findings of medical negligence was contrary to the State Commission, which had found no medical negligence.

Court Disposition

Impugned order of National Commission set aside; revision petition of appellant to be heard along with complainant's revision petition; no order as to costs.

Orders

  • Set aside impugned order of National Commission.
  • Direct that appellant's revision petition be heard along with complainant's revision petition (Revision Petition No. 4294/2007).