KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

    REVISION PETITION:04/2010

                             JUDGMENT DATED:20..04..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU      :  PRESIDENT

SHRI.M.K. ABDULLA SONA                             : MEMBER

Poyyanil Hospital,

R/by Dr.Joseph George,

Managing Partner,                                     : REVISION PETITIONER

Kozhenchery.P.O.

(By Adv: Sri.V.K.Mohankumar)

          Vs.

Rejani Kumari.P.V,

Pulluvelil, Nellikala.P.O,

Elanthoor Village,                                      : RESPONDENT

Pathanamthitta.

(By Adv: Sreeja Sasidharan)

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The Revision Petitioners are the opposite parties/hospital in CC:72/09 in the file of CDRF, Pathanamthitta. 

The application filed by the opposite parties for referring the matter as per the decision in Martin D’souza Vs. Mohammed Ishfaq AIR (2009) SC 2049 was dismissed by the Forum on the ground that the opposite party had appeared in response to the notice and hence the above decision will not apply.

It is pointed out by the counsel for the revision petitioner that the decision in Martin D’Souza’s case is dated:17/2/2009.  The complaint was filed only in May 2009.  We find that in the circumstances the ratio of the decision in Martin D’Souza’s case applies.  Hence the order of the Forum is set aside.  The Forum is directed to comply with the direction of the Supreme Court in Martin D’Souza’s case.  The revision petition is allowed as above.

Office will forward a copy of this order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

M.K. ABDULLA SONA : MEMBER

VL.