KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM FA.241/07 JUDGMENT DATED.9.9.2009 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARANGADHARAN -- MEMBER SRI.M.K.ABDULLA SONA -- MEMBER E.V.Josemon House No.155926, Elevathungal House, Pachalam, rep by his father E.V.Joseph, -- APPELLANT H.No.155926, Elevathungal house, Pachalam. (By Adv.M.S.Unnikrishnan) Vs. 1. Lourdes Hospital, Ernakulam, Kochi-12. rep by its Director. 2. Dr.Thomas Mathew, Head of Department of Ortho, M.S.(Ortho), Senior Consultant & HOD, Department of Orthopaedic -- RESPONDENTS Lourdes Hospital, Kochi-682 012. 3. Dr.Paul Puthuran, Department of Medicine, Lourdes Hospital, Kochi-682 012. (R1& R3 by Adv. P. Sanjay) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the complainant in CC.475/06 in the file of CDRF, Ernakulam. The order against which the appeal is filed is the common orders in IA.Nos.34/07, 37/07 and 57/07. The Forum has dismissed IA.57/07 and consequently the complaint as well. IA.34/07 and 37/07 are filed by the opposite parties contending that the complainant is barred by limitation. It is noted in the order that since the date of commencement of cause of action a period of 3 years and 3 months has expired. It is the case of the complainant that he entrusted the matter with the Advocate on 20.3.07 and the complaint was preferred. But, the same was misplaced when the office of the Advocate was shifted. Subsequently, the complainant was traced out and filed before the Forum. 2. It is mentioned that an additional affidavit has also been filed by the counsel for the complainant supporting the case of the complaint. The delay amounts to 485 days. The case is with respect to the alleged deficiency in service on the part of the opposite party in treating the minor complainant who had sustained fracture of both radius and ulna on his right hand and subjected to surgery. It is the case that on account of the negligence of the opposite parties the child is left with serious deformities and disabilities. 3. In view of the nature of the case involved, we find that the Forum has taken a highly technical view of the matter in injecting the case to condone the delay. The same is liable to be set aside and we do so. The appeal is allowed on payment of cost of Rs.1000/- each to the opposite parties. The amounts of costs are to be remitted before the Forum or paid to the opposite parties within one month from today. On payment of costs, the Forum will take into file the complaint and dispose of the same on merits as per law. The matter will stand posted before the Forum on 26.10.2009. The office is directed to forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT VALSALA SARANGADHARAN -- MEMBER M.K.ABDULLA SONA -- MEMBER
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