Shubham Hospital And Anr vs State Consumer Dispute R. ...
2021 Latest Caselaw 10046 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3362/2018

1. Shubham Hospital Through Its Proprietor Smt. Anila Kothari, B-59, Kamla Nehru Nagar, First Extension Scheme, Jodhpur.

2. Dr. Ajeet Kothari S/o Shri Udai Singh Kothari, Shubham Hospital, B-59, Kamla Nehru Nagar, First Extension Scheme, Jodhpur.

----Petitioners Versus

1. The State Consumer Dispute Redressal Commission, Circuit Bench, Jodhpur.

2. Shri Deep Singh S/o Shri Khuman Singh, By Caste Rajput, Resident Of Guro Ka Talab, Kanya Colony, Jodhpur.

3. Dr. Shri S.p. Mathur, Shubham Hospital, B-59, Kamla Nehru Nagar, First Extension Scheme, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Govind Suthar For Respondent(s) : Mr. Jagdish Vyas

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

05/07/2021

This writ petition has been filed by the petitioners being

aggrieved with the order dated 09.02.2018 (Annex.1) passed by

the State Consumer Dispute Redressal Commission, Circuit Bench,

Jodhpur, essentially on the ground that a single member of the

respondent No.1- Commission cannot decide any appeal.

The parties are in agreement that pursuant to the judgment

passed by this Court in SB Civil Writ Petition No.1972/2012

(Divisional Manager NIC Limited, Jodhpur Vs. Rajasthan

(2 of 2) [CW-3362/2018]

State Consumer Redressal Commission and Others), the

order impugned is liable to be set aside and the matter is required

to be remanded back to the respondent No.1- Commission for

fresh disposal of the appeal.

In view of the joint submission made by the learned counsel

for the parties, this writ petition is allowed and the impugned

order dated 09.02.2018 is set aside and the matter is remanded

back to the respondent No.1- Commission for fresh disposal.

Both the parties are directed to remain present before the

respondent No.1- Commission on 02.08.2021.

(VIJAY BISHNOI),J

79-akash/-

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