KERALA STATE CONSUMER DISPUTES             REDRESSALCOMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

       REVISION  PETITION. 34/2010

DATED. 06/06.2011

JUSTICE SHRI.K.R.UDAYABHANU          :  PRESIDENT

PRESENT:-

 JUSTICE SHRI.K.R.UDAYABHANU     :       PRESIDENT

APPELLANT

Pushpa George, Panampunnayil,

Kanjikuzhy, Kottayam.

                 (Rep. by Adv. Anu George )

                                           Vs

RESPONDENT

1.       Carithas Hospital,

Rep. by The  Administrator,

Thellakom P.O.,

Kottayam

2.      Dr. Annie Ittiavirah,

         Gynecologist, 

         Carithas Hospital,

         Thellakom P.O.

          Kottayam.

                                    ( R1 rep. by Adv. Smt. Preetha John)

                                                          ORDER               

JUSTICE SHRI.K.R.UDAYABHANU          :  PRESIDENT

This Revision Petitioner is the complainant/Petitioner in E.P. 54/09 in C.C. 242/03 in the file of CDRF, Kottayam.  The order which is sought to be revised is the one issued in E.54/09, filed for realization of amounts as per the order of this Commission in Appeals 355/05,527/05 and 686/05 disposed of  by a common judgment dated 29.10.2008.  As per the above order the first opposite party/respondent herein has been ordered to pay a sum of Rs. 2,80,360/- less Rs. 50,000/- which is to be paid by the second opposite party , doctor.   As per the judgment, the amounts are to be paid within 3 months from the date of receipt of the judgment.,  failing which the complainant be entitled for interest @ 12% from the date of the order of the Forum ie. 28.2.2005. It is submitted that the second opposite party, doctor paid the amount of Rs. 50,000/- within 3 months of the date of the order.  The second opposite party/first respondent herein remitted  the amount only on 10.2.2010.  ie,  after five months of the date of the  Execution Petition which has been filed on 26.10.2009.  It is the case of the first respondent, hospital that it became aware of the judgment only on receipt of notice in the Execution Petition.   It is the contention that the respondent has not received the copy of the judgment.

          On verification of the records of the Commission, we find that the respondent has received the copy of the order from the office of this Commission on 26.12.08.  It was received by the first respondent herein through the advocate clerk.  It is also seen that the copies of the judgment has been forwarded in the 3 cases on 29.10.2008, vide entries in the Despatch Register.  Further the matter was contested in the Appeal and the respondent was represented by Counsel.  Further the judgment is available in the Website of this Commission also.  There is no justification in submitting that only on receipt of notice in the E.P. that has been filed on 26.10.2009 that the respondent came to know the details of the judgment.  Hence we find that the date of receipt of judgment has to be taken as at least as on 26.12.08,   the date on which the Advocate Clerk of the respondent has received the copy of the judgment on behalf of the respondent.   The respondent has not remitted the amount within 3 months from the date of receipt of the judgment.  Hence the respondent will be liable to pay interest @12% from 28/02/05 the date of the order of the Forum as directed in the order in the Appeal.  Hence the order of the Forum in the E.P. is set aside.  The Forum is directed to see that the first respondent/hospital remit the amount of interest

In the result, the Rev. Petition is allowed as above.

The office will forward a copy of this order to the Forum at the earliest.

                      JUSTICE  K.R. UDAYABHANU   :  PRESIDENT

ST