D.O.F. 30.12.2010

                                                                                  D.O.O. 23.08.2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri.K.Gopalan                :         President

                                      K.P.Preethakumari        :         Member

Smt.M.D.Jessy               :        Member

Dated this the 23^rd day of August,  2011

C.C.No.313/2010

K.K. Ramachandran,

S/o. Kunhikrishnan Nair,

Kaitheri Kunnath House,                                     :  Complainant

P.O. Melmuringodi,

Peravoor.

(Rep. by Adv. O.G. Premarajan)

1.  Dr. Annamma Mathew,

     Amala Hospital,

     P.O. Iritty.                                                        :  Opposite parties

2.  Dr. Haridas,

     Amala Hospital,

     P.O. Iritty.

O R D E R

Sri. K. Gopalan, President

Heard.  The only point that has been considered is the basic issue of question of delay.  The complaint is filed for the compensation on account of death of the complainant’s wife by the alleged negligence on the part of opposite party.  The death occurred on 21.08.2003 (21^st day of August, 2003).  Registered notice sent on 21.12.2004.  The present complaint on the issue for compensation filed on 30.12.2010.  It seems there is a delay of more than 7 years for filing the complaint.

          The case of the complainant is that he met with an accident and sustained grievous injury with compound fracture.  Before the recovery he sustained cardiac ailment and admitted Pariyaram Medical College on 02.01.2007 and even now undergoing treatment.  Even now he is not health enough due to the above accident and ailments.  Under such a condition he was not able to contact his counsel to file the complaint in proper time.  Thus it caused the delay of 1954 days.  Complainant adduced oral evidence  and Ext.A1 to 3 marked on his side.

          Complainant was cross examined for opposite party.  In chief examination complainant stated almost what he has pleaded.  In cross examination he has deposed that his marriage has taken place on 26.06.2004.  The death of first wife was on 21.08.2004.  He has also deposed that he is a conductor working in K.S.R.T.C.

          It can be seen that even according to complainant there is a delay of 5 years and 135 days in order to file the complaint.  As per the evidence of complainant the main reason for the delay is due to his health condition as a result of the accident.

          It is pertinent to note that he is an employee of KSRTC working as conductor.  Whether he has performed his duty as a conductor or not is a relevant question to be considered to decide the question of delay.  No evidence adduced by the complainant that he had not been attended for his employment during the relevant period.  His attendance for the duty is a deciding factor which the complainant totally ignored to produce the actual position before the Forum.  The averment that the complainant was not able to do his daily affairs if genuine the best evidence is to produce the attendance position of his employment.  Since he is a Government employee he is bound to bring this fact so as to substantiate his case, without which it is difficult to believe the reasons putforth by the complainant as convincing so as to condone the delay in question.  The non-production of the relevant documents showing the position of his attendance is no doubt a suppression of material fact which cannot be ignored or justified so as to take a sober attitude for the purpose of condonation of delay.

          In view of the above, we find absolutely no reason to condone the delay and thus the petition dismissed and thereby the complaint also stands dismissed.

Sd/-                Sd/-             Sd/-

President           Member         Member