Challenge in these proceedings is to the order dated 31.05.2011 passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short, ‘the State Commission) in appeal No. 300 of 2005.  The appeal before the State Commission was filed against the order dated 27.12.2004 passed by the District Consumer Forum, Kozhikode in complaint case No. 80 of 2002, by which order, the said District Consumer Forum had allowed the complaint of the complainant-respondent and had awarded a lump sum compensation of Rs. 1 lakh besides cost of Rs. 300/-.  The case related to the medical negligence on the part of the petitioner-ENT Surgeon in not correctly and properly diagnosing the ailment of the complainant even though she remain under his treatment for about two years.  Even after the surgery conducted in April, 1999,

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after three months, she was diagnosed the case of malignancy in maxillary tissue of the face for which she has to undergo further treatment at a higher center.

The State Commission dismissed the appeal and upheld the finding recorded by the District Consumer Forum.  Both the fora below have given cogent reasons for reaching their finding and in our view, the same are based on correct appreciation of the facts and circumstances of the case, evidence and material brought on record as also in consonance with the legal position as it exists.  Therefore, the findings are eminently justified and suffer from no legal infirmity or material irregularity or any jurisdictional error which calls for any interference by this Commission.

The revision petition is accordingly dismissed with cost of Rs.5,000/- to be deposited in the Consumer Legal Aid Account of this Commission within a period of two weeks, failing which, the cost shall be recovered by the Registry by issuing recovery certificate to the concerned District Collector.