KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.134/09 JUDGMENT DATED 26.8.09 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALASARANGADHARAN -- MEMBER SRI.M.K.ABDULLA SONA -- MEMBER Dr..Prema D’chunha, Obstetrician & Gynecologist, Regal Arch, Bendoorwell, -- APPELLANT Mangalore – 575 002. (By Adv.G.S.Kalkura) Vs. Sajini, W/0 Raghavan Kumble, Koipadi Kadappuram, -- RESPONDENT Kasargod District. (By Adv.B.A.Rajeevan) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the opposite party in CC.211/08 in the file of CDRF, Kasaragod. The matter related to medical negligence. The appellant is under orders to pay Rs.1.25 lakhs as compensation and Rs.3,000/- as costs. 2. The appellant was ex-parte in the proceedings before the Forum. It is the case of the appellant that the postal intimation was given at the clinic at Mangalore and that she was not informed. The appellant has also disputed the jurisdiction of the Forum contending that the treatment has taken place at Mangalore. She has sought for an opportunity to file version and contest the matter. In the circumstances and considering the issues involved, we find that a considered order is desirable. 3. In the circumstances, the order of the Forum is set aside on condition that the appellant pay a sum of Rs.2,500/- to the complainant or deposit the sum before the Forum which can be withdrawn by the complainant. On deposit of the above amount, the Forum will permit the opposite party to file version and contest the case. 4. The case will stand posted before the Forum on 22.9.2009. 5. The office is directed to forward the copy of this order to the Forum urgently. The office is also directed to return the LCR to the Forum immediately. JUSTICE K.R.UDAYABHANU -- PRESIDENT VALSALASARANGADHARAN -- MEMBER M.K.ABDULLA SONA -- MEMBER
......................JUSTICE SHRI.K.R.UDAYABHANU | | 
