DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 7th day of November, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member
Date of Filing: 22.10.2022
CC/200/2022
Mr. Ramadasan,
S/o Narayanan K.A,
Resident of House no.530,
Kundammar House, Kapadam,
Karimba Post, Karimba Grama Panchayath, complainant
Dist. Palakkad PIN 678 597.
(By Adv. E. Suresh kumar)
V/s.
1. Nalakath Mohamed Ali,
Director, Moulana Hospital and Research
Centre Pvt. Ltd., P.B.No.31,
Ooty Road , Perinthalmanna,
Malappuram Dist. -679 322.
2. Abdul Rasheed,
Director, Moulana Hospital and Research
Centre Pvt. Ltd., P.B.No.31,
Ooty Road , Perinthalmanna,
Malappuram Dist. -679 322
3. Moulana Hospital and Research
Centre Pvt. Ltd., P.B.No.31,
Ooty Road , Perinthalmanna,
Malappuram Dist. -679 322.
4. Dr. Rema Krishnakumar,
Moulana Hospital and Research
Centre Pvt. Ltd., P.B.No.31,
Ooty Road , Perinthalmanna,
Malappuram Dist. -679 322. - Opposite Parties
(Notice not issued. Hence not present)
O R D E R
By Sri.Vinay Menon V., President
1. Shorn off chaff, complaint pleadings pertain to death of the complainant’s wife, allegedly due to the negligence on the part of opposite parties on 16.02.2017.
2. When the matter was posted before this Commission, it was admitted on condition that the question of limitation would be heard as a preliminary issue as the case was filed on 22.10.2022. CC was called on 31.10.2022 for hearing.
3. Counsel for complainant argued that there is no bar of limitation since the complainant could avail all the documents in 2022 only after the complainant issued various communications. It is the case of the counsel for complainant that certain communications dated 06.09.22, 15.09.22 and 27.09.22 shows that there is no delay in filing the complaint.
As per paragraph 58 of the memorandum of complaint, the complainant pleads that cause of action arose:
(1) On 27.09.2022 when he issued a legal notice through his counsel to the opposite parties alleging various allegations like medical negligence etc.;
(2) On 06.09.22 when opposite parties issued letter to complainant; and
(3) On 15.09.22 when the Perinthalmanna Municipality informed about non availability certain documents.
4. We refuse to concur to the arguments laid out by the complainant. The complainant has no case that he came to know that there was sometime untoward regarding the death of his wife in 2022 only. From paragraph 30 onwards the complainant pleads that he was suspicious of the death of his wife and was trying to avail answers from the opposite parties; and the periods referred to therein are 2017 onwards.
5. Said pleadings only show that the complainant was aware of the death of his wife and that he was suspicious of the circumstances that might have caused his wife’s death. Therefore cause of action arose on 16.02.2017. Issuance of lawyer’s notice will not extent the period of limitation. The reasons given by the complainant for not filing the complainant till 2022 is not satisfactory. This complaint ought to have been filed on or before 16.02.2019.
The complainant could very well have called for these documents by way of filing applications before this Commission. The complainant has also not filed any application to condone the delay in filing the CC.
6. Therefore this complaint is grossly barred by limitation and is hence dismissed.
Dated this the 7th day of November, 2022
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K.
Member
NB: The complainant is directed to take back extra documents filed within 30 days of receipt of a copy of this order, failing which they will be weeded out.
