Kerala

Thiruvananthapuram

CC/18/408

Patricia - Complainant(s)

Versus

Dr.Sunil Menon - Opp.Party(s)

28 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SISUVIHAR LANE
VAZHUTHACAUD
THIRUVANANTHAPURAM
695010
 
Complaint Case No. CC/18/408
( Date of Filing : 09 Nov 2018 )
 
1. Patricia
Christ House,valiya veli,Tumba
...........Complainant(s)
Versus
1. Dr.Sunil Menon
yogiya raj centre for dermitology,pattom,Trivandrum
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri.P.V.JAYARAJAN PRESIDENT
 HON'BLE MRS. Preetha .G .Nair MEMBER
 HON'BLE MR. Viju V.R MEMBER
 
PRESENT:
 
Dated : 28 Feb 2023
Final Order / Judgement

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI.  P.V. JAYARAJAN

:

PRESIDENT

SMT. PREETHA G. NAIR

:

MEMBER

SRI. VIJU  V.R.

:

MEMBER

 

C.C. No. 408/2018 Filed on 09/11/2018

ORDER DATED:  28/02/2023

 

Complainant

:

  1. Patricia@Patriciamma, Christ House, Valia Veli, Attipra Village, Thumba Police Station Ltd., Thiruvananthaprum – 695 021 (Since Dead).
  2. Tomo Francina, D/o.Vincent Miranda, Aikya Bhavan, Convent Road, Vettucadu, Beach.P.O., Thiruvananthapruam.

(By Adv.P.J.Koshy)

Opposite party

:

Dr.Sunil Menon MBBS, MD (D&V), Senior Consultant in Dermatologist & Cosmetologist, Dr.Yogiraj Centre for Dermatology & Cosmetology, Opp.Vaidyuthi Bhavan, Pattom.P.O., Thiruvananthapuram – 695 004.

(By Adv.K.Muralidharan Nair)

 

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Commission under Section 12 of the Consumer Protection Act 1986.

This is complainant filed by the deceased complainant against the opposite party regarding the negligence occurred from the side of the opposite party.After the demise of the complainant her sister was impleaded as legal heirs of her as per order in IA.196/2019 and she was implaeded as 2nd additional complainant.The opposite party entered appearance and filed version denying the negligence on their part.

Even though so many opportunities were given to the 2nd complainant for filing affidavit in lieu of chief examination, the complainant has not filed the affidavit before this Commission.As she has not filed affidavit in lieu of chief examination, we find that this is a fit case to be dismissed.

In the result the complaint is dismissed.There is no order as to cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 28th day of February,  2023.

 

Sd/-

P.V. JAYARAJAN                                                                   

 

:

 

PRESIDENT

                 Sd/-

PREETHA G. NAIR

  •  

 

MEMBER

 

Sd/-

VIJU  V.R.

:

MEMBER

 

R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

              

 

 

 

 

 

 

 

 

 
 
[HON'BLE MR. Sri.P.V.JAYARAJAN]
PRESIDENT
 
 
[HON'BLE MRS. Preetha .G .Nair]
MEMBER
 
 
[HON'BLE MR. Viju V.R]
MEMBER
 

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