ORDER SRI. K. ANIRUDHAN (MEMBER) Sri, Shamsudeen has filed this complaint against the opposite parties – (1) Dr. Shajahan Yosuf Chairman and Managing Director, M/s Alshifa Super Specialty Hospital, Ernakulam and (2) M/s Alshifa Super Specialty Hospital represented by its Managing Director, Ernakulam, in connection with the allegation of medical negligence committed by the opposite parties in their Hospital. The complainant is residing at Alappuzha District, and the opposite party’s Hospital is at Ernakulam District. Opposite parties have filed an IA. No. 39/10 stating that the complaint is not maintainable in this Forum due to the reason of lack of territorial jurisdiction. We have heard the matter in detail. As per the section 11 of the CP Act, the complaint could be instituted within the local limits of the District Forum, where the opposite party resides or carries as business or where the cause of action wholly or in part arises. In this case, the opposite party, carries on its business at Ernakulam District and the cause of action of this complainant was also arises at Ernakulam District. So this Forum is not competent to adjudicate this matter due to the lack of territorial jurisdiction. Hence the IA.No. 39/10 filed by the opposite party is allowed. Complaint is nor maintainable in this Forum. Registry is directed to return the file to the complainant for filing the same before the District Forum, Ernakulam Pronounced in open Forum on this the 20th day of April 2010. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N. Shajitha Beevi // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/S.F. Typed by:- vo/- Compared by:-
| | [HONORABLE Smt;Shajitha Beevi] Member[HONORABLE JIMMY KORAH] PRESIDENT | | 
