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Where two interpretations of evidence are possible, concurrent findings based on evidence have to be accepted

September 27, 2023 633 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) observed that where two interpretations of evidence are possible, concurrent findings based on evidence have to be accepted and such findings cannot be substituted in revisional jurisdiction.

Removal of stones in gall bladder without consent of complainant is against medical ethics & constitute ‘medical negligence’

September 27, 2023 822 Views 0 comment Print

In present facts of the case, the revision petition was filed under section 21 of the Consumer Protection Act, 1986 which assails the order dated 05.05.2016 of the State Consumer Disputes Redressal Commission, Punjab, Chandigarh allowing the appeal and dismissing order dated 28.01.2013 of the District Consumer Disputes Redressal Forum, Bhatinda.

‘Deficiency in service’ and ‘unfair trade practice’ both established if party take a step back from its stated position to Consumer

September 26, 2023 747 Views 0 comment Print

In present facts of the case, the Revision Petition was filed under section 21 of the Consumer Protection Act, 1986 which assails order dated 06.02.2015 of the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow.

NCDRC it is not required to re-assess & re-appreciate evidence on record when findings of lower fora are concurrent on facts

September 26, 2023 513 Views 0 comment Print

In present facts of the case, the revision petition was filed under section 21 (b) of the Consumer Protection Act, 1986 assailing the order dated 11.08.2017 of the State Consumer Disputes Redressal Commission, Pandri, Raipur.

Negligence not established if procedure or risk was explained to the patient: NCDRC

September 26, 2023 486 Views 0 comment Print

In present facts of the case, it was held that findings of State Commission that the patient and his family members were not informed about the risk nor their consent was obtained, do not suffer from any illegality as procedure/risk was explained to the patient.

Proper Legal Procedure for Loan Recovery & Vehicle Seizure to be followed: NCDRC

September 26, 2023 11301 Views 1 comment Print

In present facts of the case, the Revision Petition (RP) has been filed by the Petitioner against Respondents under section 21 (b) of Consumer Protection Act 1986, against the order dated 14.12.2017 of the State Consumer Disputes Redressal Commission Uttar Pradesh (hereinafter referred to as the ‘State Commission’).

‘Sufficient cause’ is a pre-requisite for condonation of delay: NCDRC

September 26, 2023 2583 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) have refused to condone the delay for 125 days as no ‘sufficient cause’ was shown because there was difference in oral submissions and the contents of the Application submitted.

Negligence cannot be established if the complainant has neither given the instance of negligence nor adduced any evidence of negligence: NCDRC

September 26, 2023 273 Views 0 comment Print

In present facts of the case, the Complaint of the patient was dismissed and it was observed that it is natural that if any patient consults with a doctor, then he would inform about all alternative modes of treatment.

Medical Negligence established if conduct falls below the standards of a reasonably competent practitioner

September 26, 2023 456 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC) have allowed the Revision Petition in favour of the Complainant as medical negligence of the doctor was established as the Complainant was able to discharge its initial burden of proof.

Not following Government Guidelines issued by Health Department would constitute Medical Negligence: NCDRC

September 26, 2023 339 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NCDRC) allowed the Revision Petition on the basis of ‘medical negligence’ as the Government Guidelines issued by Ministry of Health pertaining to Swine Flu was not followed properly which have resulted into death of the patient.

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