KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM REVISION PETITION:02/2010 JUDGMENT DATED:20..04..2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SHRI.M.K. ABDULLA SONA : MEMBER M/s Lal Memorial Hospital, R/by its Director, Dr.C.K.Ravi, Mapranam, Madayikonam.P.O, : REVISION PETITIONER Azan Nagar, Irinjalakuda, Trichur District. (By Adv:Sri.Sheji.P.Abraham) Vs. Jessy Joy, Arakkal House, Mapranam, Madayikonam, : RESPONDENT Trichur District. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT Revision Petitioners are the opposite parties in OP:1041/03 in the file of CDRF, Thrissur. 2. The revision petitioner had filed I.A.849/09 for applying the dictum in Martin D’souza Vs. Mohammed Ishfaq 2009 (III) SCC (1). 3. We find that the matter is of the year 2003. The Supreme Court in Martin D’souza’s case has not given any retrospective effect to the above decision. It is admitted that the revision petitioner and other opposite parties have filed version. The contention is that recording of evidence has not commenced. We find that the dictum in Martin D’souza’s case would not apply in the instant case as the matter is pending before the pronouncement of the above decision and as no retrospective effect has been given to the decision. 4. In the circumstances we find that there is scope for admitting the revision petition. Hence the revision petition is dismissed in-limine. Office will forward a copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU: PRESIDENT SHRI. ABDULLA SONA: MEMBER VL. |