National Consumer Disputes Redressal
Sunder Lal Jain Hospital & 6 Ors. vs Lalit Sayal & Anr. on 27 March, 2018
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 1563 OF 2016 (Against the Order dated 21/09/2016 in Complaint No. 285/1996 of the State Commission Delhi) 1. SUNDER LAL JAIN HOSPITAL & 6 ORS. THROUGH ITS MEDICAL SUPERINTENDENT, ASHOK VIHAR PHASE- DELHI 2. - - 3. - - 4. - - 5. - - 6. - - 7. - - ...........Appellant(s) Versus 1. LALIT SAYAL & ANR. R/O. H 135, ASHOK VIHAR PHASE-I, NEW DELHI-110052 2. PARMARTH MISSION HOSPITAL SHAKTI NAGAR, DELHI 3. DR. K.K.GHAI ORTHOPAEDIC CONSULTANT, SUNDER LAL JAIN HOSPITAL,ASHOK VIHAR PHASE-3, DELHI 4. DR. B.S. PANDAY HEAD OF DEPARTMENT, ORTHOPAEDIC CONSULTANT, SUNDER LAL JAIN HOSPITAL,ASHOK VIHAR PHASE-3, DELHI 5. DR. G.K. AGARWAL, ORTHOPAEDIC SURGEON, SUNDER LAL JAIN HOSPITAL,ASHOK VIHAR PHASE-3, DELHI 6. DR. CHANDER PRAKASH (M.S.) SUNDER LAL JAIN HOSPITAL, ASHOK VIHAR PHASE-3, DELHI 7. DR. N.K. AGGARWAL, ORTHOPAEDIC SURGEN, SUNDER LAL JAIN HOSPITAL, ASHOK VIHAR PHASE-3, DELHI ...........Respondent(s)
BEFORE: HON'BLE MRS. M. SHREESHA,PRESIDING MEMBER
For the Appellant : MR. RAHUL GUPTA For the Respondent : Mr. Anand Jain, Advocate
with Mr. Lalit Sayal, R-1 in person
Respondents No.2 to 7 are performa
Respondents
Dated : 27 Mar 2018 ORDER
I am happy to note that an out of court amicable settlement has been arrived at between the Appellant Hospital and the Respondent/Complainant, who is also present in person. It is submitted that as per the settlement terms, an amount of ₹10,00,000/- (Rupees Ten Lakhs only) shall be paid by the Hospital to the Complainant. It is observed from the record that vide order dated 13.10.2017, a direction was given to the Appellant to deposit an amount of ₹15,00,000/- while staying the operation of the impugned order. Learned Counsel for the Appellant submits that he has no objection to the Complainant's withdrawing a sum of ₹10,00,000/- out of the amount of ₹15,00,000/- which is stated to have been deposited in this Commission on 22.11.2017.
The Registry is directed to release an amount of ₹10,00,000/- along with accrued interest if any, on the total amount to the Complainant forthwith and the balance lump sum amount of ₹5,00,000/- be paid to the Appellant.
It is clarified that the Opposite Parties No.2 to 4 have not preferred any Appeal and the order has attained finality against them and there is no stay of the impugned order in this Appeal qua the said Opposite Parties.
-3-Since the Appeal has been settled, the Registry is directed to release the statutory deposit made at the time of filing of the Appeal to the Appellant.
The Appeal stands disposed of as settled in full and final satisfaction against the Hospital.
...................... M. SHREESHA PRESIDING MEMBER