DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 31st day of May 2010 .

Present : Smt. H. Seena, President

: Smt. Bhanumathi.A.K, Member

C.C.No.177/2009

Anas

S/o. T.M. Aboobacker

C/o. Hydrose, Thazhathethil House

Kulathirottil House

Mulanjur P.O

Mangalam Via

Ottappam

Palakkad . - Complainant

(Adv.K. Krishnakumar, Adv.T.V.Pradeesh)

V/s

Dr. K.M. Abdul Saleem

Blessy

Opp.AKG Mandiram

CSB Road

Ottappalam

Palakkad. (Govt. Hospital, Ottappalam) - Opposite party

( )

O R D E R

By Smt. Seena.H, President.

Complaint alleging medical negligence against opposite party. The allegations with respect to the complications aroused after conducting a surgery for 'Sunnath' which is the religious practice of Muslim community.

As per the decision rendered by the Honourable Supreme Court in Martin F.D'Souza V Mohammed Ishfaq 1 (2009) CPJ 132 SC, , complainant copy along with all the documents regarding treatment was sent for expert opinion to Dr.A. Sureshkumar, Surgeon, District Hospital, Palakkad. Expert has filed report stating that considering the available documents and complaint, there is no prima facie case of medical negligence in this case. Notice was again issued to the complainant for hearing. Based on the said report, we have no other option than to dismiss the complaint.

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In the result, without going into the merits of the case, we dismiss the complaint.

Pronounced in the open court on this the 31st day of May, 2010.

PRESIDENT (SD)

MEMBER (SD)