Per Hon’ble Mr.Justice R.C.Chavan, President

          This revision petition is directed against an ex-parte order passed on 04/05/2011 in consumer complaint no.CC/09/243 by South Mumbai District Consumer Disputes Redressal Forum, directing complaint to be sent to Dean of J.J. Group of Hospitals for expert medical opinion. 

          We have heard the learned counsel for the petitioner and the respondent/original complainant no.2 in person. Complainant no.2 states that the report from expert of J.J. Group of Hospitals is already dispatched by the hospital to the District Forum.  Learned counsel for the petitioner submits that the forum undoubtedly has discretion to allow the parties to adduce expert evidence but this must be done by the forum by applying mind to the facts and circumstances of the case.  He relies on judgement of the Supreme Court in the case of  Mr.V.Kishan Rao v/s. Nikhil Super Speciality Hospital and another reported in (2010)5 Supreme Court Cases 513.

          Impugned order does not disclose any reasons as to why the forum decided to send the matter to the Dean of J.J. Group of Hospitals for expert opinion.  Now, since the report is possibly already submitted to the forum, no useful purpose may be served by setting aside the order. Instead, we dispose of this revision petition directing the forum to rehear the parties before opening the report and then decide whether the report requires to be read after assigning sufficient reasons. Revision petition is accordingly disposed of.

Pronounced on 19^th December, 2013.