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Case nº Revision Petition No. 4577 Of 2010, (Against the Order dated 29/04/2010 in Appeal No. 971/1999 of the State Commission Uttar Pradesh) of National Consumer Disputes Redressal Commission, May 28, 2012 (case 1. Arun Prakash and Ors. 2. Arti Devi 3. Khosbu 4. Anjali A.K.A. Deeksha Vs Dr. Mamta Gupta)

Judgment Cited in Precedent Map Related
Vincent
JudgeFor Appellant: Mr. Nikhil Jain, Advocate and For Respondentas: Mr. A.K. Tripathi, Advocate
PresidentMr. K.S. Chaudhari, Presiding Member and Mr. Anupam Dasgupta, Member
Resolution DateMay 28, 2012
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

Heard learned counsel for the parties.

This revision petition has been filed against the order dated 29.4.2010 of the State Commission for compensation on account of medical negligence.

District Forum dismissed complaint. State Commission vide order dated 29.2.2008 allowed complaint and directed respondent to pay Rs.3 lakh as compensation. Later on, vide order dated 29.4.2010 State Commission recalled order dated 29.2.2008 and restored the appeal.

Learned counsel for the petitioners has submitted that State Commission has no authority to recall its earlier order dated 29.2.2008. In support of his contention, he placed reliance on (2011) 9 SCC 541 Rajeev Hitendra Pathak & Ors. vs. Achyut Kashinath Karekar & Anr. in which Hon''ble Apex Court has held that State...

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