IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 27th day of December, 2023
Present: Sri.Manulal.V.S, President
Sri.K.M.Anto, Member
CC No.179/2022 (Filed on 17/08/2022)
Complainant : Akhila Kiran W/o Kiran,
Janaka House,
Karappuzha P.O,
Kottayam - 686 003
Now residing at Janaka House,
Kudamaloor P.O, Kottayam.
(By Adv: Avaneesh V.N)
Vs.
Opposite parties : (1) Dr.Reji.D, Gynaecologist,
Caritas Hospital,
Thellakom P.O,
Kottayam - 686 630.
(By Adv: M.C. Suresh)
(2) Caritas Hospital,
Represented by its Director,
Thellakom P.O,
Kottayam - 686 630.
(By Adv: Preetha John K)
Additional Opposite party (3) The Manager, (Impleaded as per IA United India Insurance Company Limited, No.104/2023 dated 24/04/2023) Thottaparambil Buildings, 2nd Floor,
Head Post Office Junction,
M.C Road, Changanacherry - 686 101.
O R D E R
Sri.Manulal.V.S, President
The complaint is filed under Section 35 of the Consumer Protection Act 2019.
This complaint was filed under Section 35 of the Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.
This is a complaint filed by the complainant against the opposite parties alleging deficiency in service on the part of the opposite parties. After admitting the complaint notice was issued to the opposite parties.
Upon receipt of notice from this Commission opposite parties appeared before the Commission and filed version.
The case of the complainant is that she was under the treatment of the first opposite party doctor in the second opposite party hospital during her second pregnancy period. On 1-06-2022 at 1:30 p.m she delivered a female baby and a male baby at 1:46 p.m. After the delivery the babies were taken to NICU and incubated as the birth was a result of a pre-time delivery due to short cervix. After that on the next day she saw her babies and got discharged on 3-06-2022 that after 16 days of hospital admission and her babies were continued in the NICU but unfortunately male baby died on 4-06-2022 and female baby died on 5-06- 2022. According to the complainant the deficiency of service from the part of the opposite parties led to the calamitous situations. Hence alleging deficiency in service on the part of the opposite parties complainant approached this Commission for redressing her grievance.
The complainant has not filed any affidavit or documents. It is found that though the complainant has raised allegations against the opposite parties, she has not adduced any evidence by way of affidavit or documents to substantiate her case against the opposite parties, despite giving sufficient opportunities. The counsel for the complainant submitted that there was no instruction from the complainant. As the complainant was continuously absent, notice was issued from this Commission to the complainant to appear before this Commission on 7-12-2023.The notice was returned as address is not known. As the complainant has not filed an affidavit or documents to substantiate her allegations, we find that the complainant miserably failed to establish her case against the opposite parties. In the above circumstances, we find that this is a fit case to be dismissed.
In the result, the complaint is dismissed.
Pronounced in the Open Commission on this the 27th day of December, 2023
Sri.Manulal.V.S, President Sd/-
Sri.K.M.Anto, Member Sd/-
By Order,
Sd/-
Assistant Registrar
