Supreme Court - Daily Orders
Dr. Raju Singh vs All India Institute Of Medical Sciences on 16 August, 2021
Bench: K.M. Joseph, S. Ravindra Bhat
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4801 of 2021
[@ Special Leave to Appeal (C) No(s). 11275/2021]
DR. RAJU SINGH Appellant(s)
VERSUS
ALL INDIA INSTITUTE OF MEDICAL SCIENCES Respondent(s)
O R D E R
Leave granted.
Heard Mr. Manoj Swarup, learned senior counsel appearing for the appellant and Mr. Anuj Jain, learned counsel appearing for the respondent – AIIMS.
By the impugned order, the National Consumer Disputes Redressal Commission (for short ‘ the NCDRC’) has allowed the appeal filed by the respondent – AIIMS and rejected the complaint filed by the appellant before us.
The claim of the appellant was for reimbursement of the medical expenses incurred by the appellant while he was abroad. The reasons which have commended to the NCDRC do not appear to us to be flawed. The finding is that the appellant is not a consumer within the meaning of the Consumer Protection Act, 1986.
When this matter came up on an earlier occasion, on an appeal made by learned senior counsel for the appellant, learned counsel for the respondent – AIIMS was asked to get instructions in the matter concerned as to if anything could be offered to the Signature Not Verified appellant.
Digitally signed byMEENAKSHI KOHLI Date: 2021.08.17 16:33:16 IST Reason:
Learned counsel for the respondent – AIIMS, today, submits 1 that though strictly in law, the appellant may not be entitled to claim at all, however, without being understood as a precedent, the respondent can reimburse the claim working out the claim in terms of CGHS norms and rates.
In these circumstances, while we uphold the view taken by the NCDRC, in particular that the appellant is not a consumer, we pass the following order in the interest of justice and by directing that it is not to be understood as laying down the law in this regard.
The respondent will work out the claim of the appellant in accordance with the norms and rates of the CGHS and the amount worked out will be paid within a period of 8 weeks from today. The appeal is disposed of.
…....................J. [K.M. JOSEPH] …....................J. [S. RAVINDRA BHAT] NEW DELHI;
AUGUST 16, 2021
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ITEM NO.13 Court 11 (Video Conferencing) SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 11275/2021
(Arising out of impugned final judgment and order dated 13-04-2021 in FA No. 1193/2016 passed by the National Consumer Disputes Redressal Commission, New Delhi) DR. RAJU SINGH Petitioner(s) VERSUS ALL INDIA INSTITUTE OF MEDICAL SCIENCES Respondent(s) ( IA No.86772/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 16-08-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Shri Manoj Swarup, Senior Advocate Mr. Neelmani Pant, Advocate Ms. Vidisha Swarup, Advocate Mr. Avinash Gautam, AOR For Respondent(s) Mr. Anuj Jain, Adv.
Mr. Mukesh Verma, Adv.
Mr. Yash Pal Dhingra, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order. Pending application stands disposed of.
(MEENAKSHI KOHLI) (RENU KAPOOR)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER
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