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Case nº Revision Petition No. 2908 of 2013 of National Consumer Disputes Redressal Commission, May 21, 2014 (case Akhilesh Jain Vs Nobel Hearing and Speech Therapy Clinic)

Judgment Cited authorities 1 Cited in Precedent Map Related
JudgeFor Appellant: Anurag Gohil and Ruchika Gohil, Advocates and For Respondents: Mohit Singh, Advocate
PresidentJ.M. Malik, J. (Presiding Member) and Dr. S.M. Kantikar, Member
Resolution DateMay 21, 2014
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

Dr. S.M. Kantikar, Member

  1. The present Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 10.5.2013 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission') in First Appeal No. 1599 of 2011, wherein the State Commission has erroneously appreciated the facts and grounds, and upheld the order of the District Consumer Disputes Redressal Forum (in short, 'District Forum'). The District Forum dismissed the complaint No. CC/587/2011 on 21.10.2011. Facts in brief: On 5.5.2009, the Petitioner Akhilesh Jain took his son, about 7 months age, to ENT Specialist, Dr. Jagdish Jain, (OP-2), The OP-2 referred him to Nobel Hearing and Speech Therapy Clinic, the OP-1. The Brainstem Evoked Response Audiometry (BERA) test was conducted, and the report showed that the left ear was normal, whereas the right ear had minor hearing defect. The OP-2 assured the complainant that the child would start hearing and talking very soon and there was nothing to worry about. However, as the child did not show any improvement, he consulted Dr. Satya...

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