KATHIRKAMU KALIMITHU HOSPITAL ALLI NAGARAM THENI Vs. SELVAM, SELVAKUMAR
LAWS(TNCDRC)-2008-8-7
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 26,2008

Dr.Kathirkamu Kalimithu Hospital Alli Nagaram Theni Appellant
VERSUS
Selvam, Selvakumar Respondents

JUDGEMENT

N.KANNADASAN, J. - (1.) The above Revision Petition is filed challenging the admissibility of C.C.61/2008 on the file of District Consumer Forum, Theni.
(2.) The appeal is filed raising several grounds. The main ground of appeal by the petitioner is that the District Forum has exceeded its jurisdiction in as much as the complaint has been admitted in respect of cause of action which arose about 8 years back. It is further contended that even as per Sec.24(A) of the Consumer Protection Act, no application was filed to condone the delay in filing the said complaint.
(3.) We do not propose to examine all the grounds of attack in the above Revision Petition at this stage. Considering the peculiar circumstances and the material produced before us, in the interest of natural justice we propose to pass the following order: 1. The petitioner herein / 1st opposite party, is permitted to file an application before the District Forum raising a preliminary issue as to whether the complaint can be entertained, which is barred by limitation, without filing an application to condone the delay under Sec.24 (A) of Consumer Protection Act. 2. The said application shall be filed within a period of 3 weeks from today and the same shall be disposed off within a period of 3 weeks thereafter. The District Forum is expected to dispose off the said application in a summary manner. 3. In the meanwhile, the proceedings before the District Forum will be kept in abeyance for a period of 3 weeks from today. ;


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