CC 170/2019

ORDERS ON ADMISSION OF THE COMPLAINT

1.          This complaint filed by Sri Jagadeesha S/o Basavaraj, Palanchi Thota, Kananakadu Post, K.Chettahally Village, Somavarapete Taluk, Kodagu District against the opposite party Medical Superintendent and Dean, K.R.Hospital, Mysuru to direct to issue of medical certificate for the treatment took by him in the said hospital.
2.           It is the case of complainant that he took treatment for fracture of his left hand as out-patient on 12.05.2014 at Krishna Rajendra Hospital, Mysuru.  But, in spite of his requests, the concerned authority has failed to issue medical certificate hence, this complaint.
3.          We heard the complainant.
4.          The records speak that that the complainant has took treatment as out-patient in K.R.Hospital on 12.05.2014 for fracture of his left hand.  Thereafter, he sought medical certificate under the Right to Information Act, 2005 and the Public Officer under the Act on 04.12.2018 informed the complainant that he has taken treatment from Dr.B.G.Sagar, Head of the Department of Orthopaedic Division, Mysuru and asked him to approach Dr.B.G.Sagar.  The complainant has moved to get medical certificate under Right to Information Act on 28.10.2018. Before that he has approached the Superintendent, K.R.Hospital, Mysuru and they have issued endorsement dated 02.09.2016 to approach Dr.B.G.Sagar who treated him along with Dr.K.Mohan.  The endorsement dated 02.09.2016 itself indicates that the complainant has approached the opposite party after expiry of two years from the date of taking treatment.  The complainant has took treatment on 12.05.2014 and approached the opposite party in the month of August 2016.  The complaint is hopelessly barred by limitation, since he has filed this complaint four years from the date of taking treatment. 
5.          The cause of action has arisen to the complainant when he approached the DPAR, Bangalore in the month of August 2016 and this complaint has been filed on 01.04.2019 after expiry of the limitation period of two years.  Section 24(A) of the C.P.Act says that the District Forum shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.  Initially, the cause of action was arose to the complainant on 12.05.2014 the date on which he took treatment and secondly when he approached the DPAR, Bangalore in the month of August 2016.  Therefore, the complaint shall not be entertained by this Forum since it is filed after the expiry of limitation period of two years.  Hence, we pass the following

:: O R D E R ::

1. The complaint filed by Mr.Jagadeesh S/o Basavaraju, K.Chettahally is dismissed as barred by limitation.
2. Furnish the copy of order to the complainant at free of costs.