2024 INSC 1035
SLP (C.) NOS.11716-11717 OF 2019 Page 1 of 15
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. OF 2024 (ARISING OUT OF SLP (C.) NOS.11716-11717 OF 2019)
BHERULAL BHIMAJI OSWAL(D) …APPELLANT BY LRs.
VERSUS
MADHUSUDAN N.KUMBHARE …RESPONDENT
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. The instant appeals have been preferred against
the judgment dated 20.11.2018 passed by the National
Consumer Disputes Redressal Commission1 in
Revision Petition No. 768 of 2016 filed by the
respondent herein along with Revision Petition No. 2443
of 2016 filed by the appellant herein, whereby NCDRC
allowed the respondent’s revision petition, dismissed
the appellant’s revision, set aside the order of the State
1 “NCDRC”, hereinafter
SLP (C.) NOS.11716-11717 OF 2019 Page 2 of 15
Commission and consequently dismissed the
complaint.
3. It would be relevant to state that during the
pendency of this appeal, the complainant-appellant had
died and the appeal is being prosecuted by his legal
heirs who have been brought on record.
4. Brief facts of the matter are that the instant
appellant is the original complainant/patient, a
resident of Lonavala, who had developed cataract in his
right eye and had approached the respondent i.e. the
Opposite Party2, who is an eye surgeon, at his clinic in
Pune on 11.01.199...