State Consumer Disputes Redressal Commission
Bhavi Manish Mehta vs Saurabh Hospital on 10 February, 2022
Details DD MM YY
Date of Judgment 10 02 2022
Date of filing 17 10 2020
Duration 24 03 01
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE, AHMEDABAD.
EA.2020/11
Court No. 1
1.Bhavi Manish Mehta A-704, 7th Floor, Murlidhar Apartment, Nr. Ajitpark Society, Opp. Krushi Farm, Satellite Road, Surat.
2. Minor Dhyan Manish Mehta through his mother and legal guardian, applicant no. 1 residing at the address mentioned above. ...Applicant Vs
1. Saurabh Hospital, Notice to be served through Dr. Meena Vankawala, 3rd and 4th floor, Veerbhadra Building, Opp. SVNIT College, Icchanath, Dumas Road, Surat.
2. Dr. Meena Vankwala, 3rd and 4th floor, Veerbhadra Building, Opp. SVNIT College, Icchanath, Dumas Road, Surat.
3. National Insurance Co. Ltd.
No. 3, Meddleton Street, Kolkatta, Branch Office: First Floor, Jevvendeep, Nr. Sub jail, Opp. J. K. Tower, Ring Road, Surat.
4. Ashok Rathod Divisional Manager of National Insurance Co. Ltd. First Floor, Jevvendeep, Nr. Sub jail, Opp. J. K. Tower, Ring Road, Surat. ....Respondents ld. advocate Mr. K. K. Trivedi for the applicant, ld. advocate Mr. M. K. Dudhiya for opponent no. 1 and 2 ld. advocate Ms. L. K. Bhaya, for opponent no. 3 and 4.
Coram : Smt. U. P. Jani, Presiding Member Order by Smt. U. P. Jani, Presiding Member
1. The applicant/original complainant has filed present Execution Application under Section 71 of the Consumer Protection Act, 2019 for M. B. Desai EA-20-11 Page 1 of 2 implementation of the judgment and order dated 07.01.2020 by this Commission in CC No. 43/2013. The parties will be referred to as per their original nomenclature.
2. Applicant has submitted the withdrawal pursis along with copy of bank statement of the applicant which is taken on record, which reads as under;
"The respondent National Ins. Co had transferred Rs. 10,00,000/- (Ten Lakh Only) on 24/3/2021 through NEFT in my bank account No. 0051104000563956 in IDBI Bank. thereafter, the respondent National Ins. Co. had transferred Rs. 1,82,010/- (Rs. One Lakh Eighty Two thousand ten) through NEFT on 11/01/2022 as the full and final amount has been received by the applicants as per the order dated 08.01.2020 passed by this Hon'ble commission in Consumer Complaint No. 43 of 2013, the grievances of the applicants do not survive. Copy of the statement of accounts of the applicant with IDBI bank is annexed herewith as annexure- "A"
3 Heard ld. advocate Mr. K. K. Trivedi for the applicant, ld. advocate Mr. M. K. Dudhiya for opponent no. 1 and 2 and ld. advocate Ms. L. K. Bhaya, for opponent no. 3 and 4. Read withdraw pursis and perused the record of the case. It appears that the settlement is genuine. This Commission is satisfied that the original complaint has been adjusted. It will be in the interest of Justice to give permission to withdraw this execution application. Hence, following order is passed.
ORDER
1) This Execution Application No. 11 of 2020 is hereby disposed of as withdrawn in terms of withdraw pursis being fully satisfied.
2) The Opponent No. 3 National Ins. Co. Ltd. shall deposit Rs. 5,000/- as cost to the Consumer Welfare Fund within 15 days from today.
3) Certified copy of the judgment and order be provided to the parties free of costs.
Pronounced in the open Court today on 10th February, 2022.
[Smt. U. P. Jani] Presiding Member M. B. Desai EA-20-11 Page 2 of 2