SRI.K. VIJAYAKUMARAN, PRESIDENT

            This is a complaint filed by the complainant again st the opp.parties alleging medical negligence.

          The opp.parties appeared and filed preliminary objection alleging that this forum has no jurisdiction to entertain this complaint as lboth the opp.parties are residing outside the jurisdiction of this Forum and no part of cause of action has arisen within the jurisdiction of this Forum.

          Hear both sides, the case of the complainant is that she had undergone treatment at the 1^ST  opp.party’s  hospital, Thiruvananthapuram and the 2^nd opp.party who treated her is an orthopaedician attached to 1^st opp.party.   A perusal of the complaint would show all the treatment was done at Opp.party1 hospital by the  opp.party 2.   Complainant has no case that opp.party 1 has any branch or franchisee within the jurisdiction of this Forum.   There is also no averment in the complaint that any part of the cause of action has taken place within the jurisdiction of this Forum.

          Section II of the Consumer Protection Act 1986 deals with jurisdiction or a District Forum.  None of the condition stipulated therein are attracted in case of the complainant herein.  Merely because the complainant is residing within the jurisdiction of this forum she cannot file this complaint here.  Therefore we are of the view that this forum has no territorial jurisdiction to entertain this complaint.

          Return the complaint to the complainant for filing the same before proper Forum.

          Dated this the 18^th day of March, 2003.