This Revision Petition is listed for preliminary hearing today. Respondent has put in appearance. Service of Notice is dispensed with. With the consent of both the parties, the case is taken up for final disposal. Respondent/complainant filed a complaint before the District Forum against the petitioners for medical negligence. During the pendency of the complaint, the petitioner/opposite party moved an application before the District Forum to take the opinion of an expert or in the alternative, to appoint a Medical Board of expert doctors to examine as to whether there was any medical negligence on the part of the petitioners. District Forum dismissed the application, aggrieved against which the petitioners filed an appeal before the State Commission, which has also been dismissed by the impugned order. Keeping in view the judgement of the Supreme Court in Martin F. D’souza vs. Mohd. Ishfaq – 2009(2)RCR(Civil) that a consumer forum, on receipt of complaint, should refer the matter to a panel of experts, as only the Board or expert doctors can prima facie find out as to whether there is medical negligence or not, I am of the opinion that since the matter is pending at the initial stage, the matter should be referred to the panel of experts. Respondent, who is appearing in person, does not have any objection to the same. For the reasons stated above, the impugned orders are set aside and the case is remitted back to the District Forum to refer the same to the Dean of Pt.Bhagwat Dayal Sharma PGI, Rohtak to constitute a Board of experts to examine as to whether there was negligence on the part of the petitioners in giving the treatment to the respondent. Parties are directed to appear before the District Forum on 18.1.2010. Since it is an old matter, we would request the District Forum to dispose of the complaint within 6 months from the date of first appearance. Copy of this order be sent to the District Forum concerned. Revision Petition is disposed of in above terms.
......................JASHOK BHANPRESIDENT | | 
