Kerala

Kasaragod

CC/11/17

Misriya - Complainant(s)

Versus

Dr.M.A.M.Afsal.MS - Opp.Party(s)

05 Sep 2011

ORDER

 
Complaint Case No. CC/11/17
 
1. Misriya
D/o.Chalakkar Mohammad, Povval, Nellikad House, Po.Muliyar
Kasaragod
Kerala
...........Complainant(s)
Versus
1. Dr.M.A.M.Afsal.MS
Managing Director, Carewell Hospital & Research Center (P) Ltd, Nulipady
Kasaragod
Kerala
2. The Medical Superintendent
A.J. Hospital & Research Center, Managalore
Mangalore
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HONORABLE K.T.Sidhiq PRESIDENT
 HONABLE MRS. Beena.K.G. MEMBER
 HONORABLE P.Ramadevi Member
 
PRESENT:
 
ORDER

                                                                            Date of filing   :  16-02-2011 

                                                                            Date of order  :    03- 03-2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.17/2011

                         Dated this, the 3rd    day of   March    2012

PRESENT

SRI.K.T.SIDHIQ                                              : PRESIDENT

SMT.P.RAMADEVI                                       : MEMBER

SMT. K.G.BEENA                                         : MEMBER

 

Misriya,                                                                       } Complainant

D/o.Chalakkara Mohammad,

Povval, Nellikkad House,

Po.Muliyar, Kasaragod Taluk.

(Adv. U.S. Balan, Kasaragod)

 

1. Dr. M.A.M, Afsal, M.S,                                          } Opposite parties

    Managing Director,

    Carewell Hospital & Research Center(P) Ltd,

    Nullipady, Po.Kasaragod.

(Adv. I.V.Bhat& S.Mahalinga, Kasaragod)

2. The Medical Superintendent,

     A.J. Hospital & Research Center,

     Mangalore.

(Adv.Sathyasankara. M. Kasaragod)

 

                                                                        O R D E R  

SMT.K.G.BEENA, MEMBER

 

            The complainant Smt. Misrya was admitted in opposite party No.1 hospital as her pregnancy was in advance stage.  She had undergone LSCS operation on 26-03-2009 and because of complications complainant was referred to A.J. Hospital, Mangalore.  Opposite party No.2 has conducted operation on the complainant and was discharged on 14-04-2009.  The prayer in  this complaint is for an order to opposite parties to produce the entire medical orders of her treatment.

2.         According to opposite party No.1, there is no deficiency of service as alleged.  Opposite party is not liable to pay any amount to the complainant.  Opposite party No.1 helped the complainant in recognizing her neurological complaint promptly.  Complainant or her father did not contact opposite party No.1 for records except issuing notices through lawyer.  No one approached opposite party No.1 for medical records on behalf of the complainant, which were ready in the office.  Opposite party No.2 also given the medical records as per the demand of the complainant. 

3.         Complainant filed three Interlocutory Applications.  IA. 92/11 for production of original case sheet and treatment records.  IA. 173/11 to call for case sheet from opposite party No.1, IA 283/11 for some more documents.  As per the orders in that Interlocutory applications both opposite parties produced treatment records which were in their custody.  The prayer of the complainant is to produce the entire Medical records of the complainant from opposite parties 1 & 2 with compensation and cost.  Since the opposite parties already produced the documents we did not see any reason to proceed further with the complaint.  Apart from that the  prayer of the complainant became  infructuous.      Hence the complaint is dismissed with no order as to compensation and costs.

    Sd/-                                               Sd/-                                                 Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Pj/                                                                                Forwarded by Order

 

                                                                            SENIOR SUPERINTENDENT

 

 
 
[HONORABLE K.T.Sidhiq]
PRESIDENT
 
[HONABLE MRS. Beena.K.G.]
MEMBER
 
[HONORABLE P.Ramadevi]
Member

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