KATHIRKAMU KALIMUTHU HOSPITAL, ALLI NAGARAM Vs. SELVAM @ SELVAKUKAR, MADURAI DISTRICT
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Kathirkamu Kalimuthu Hospital, Alli Nagaram
Selvam @ Selvakukar, Madurai District
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M. Thanikachalam J. -
(1.) Heard. The 1st respondent, in this Revision Petition, as complainant,
has filed a complaint before the District Forum, Theni, for the recovery
of a sum of Rs.6,00,000/-, as compensation, for the wrongful medical
advice and treatment said to have given by the opposite parties. As per
the cause of action available in the last paragraph of the complaint, the
cause of action had arisen on 30.10.2000 and generally that must be the
actual date of cause of action, giving cause of action for the
complainant, to proceed against the doctor, on the alleged medical
negligence. But the complaint was filed only on 21.1.2008, that is more
or less after the delay of seven years.
(2.) The opposite party before filing the written version, it seems,
challenged the maintainability of the case, in which an order came to be
passed, which was challenged before this Commission in R.P.No.58/2008,
questioning the maintainability of the case. This commission, as per the
order dt.26.8.2008, issued directions, and permitted the 1st opposite
party to file an application, before the District Forum, raising
preliminary issue regarding the maintainability of the complaint, such as
barred by limitation, without filing an application to condone the delay
under Sec.24A of the Consumer Protection Act.
(3.) Pursuant to the direction issued by this commission, it appears the
1st opposite party filed a petition in CMP.No.164/2008, which was not
diligently prosecuted, then dismissed for default. After some time, the
1st opposite party, to restore the said petition, filed a petition in
CMP.No.179/2008, and the same was opposed, and finally the said petition
came to be dismissed by the District Forum on 23.10.2008, which is under
challenged in RP.78/2008.;
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