APOLLO HOSPITALS LTD Vs. S.BASKARAN
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Apollo Hospitals Ltd., Rep. by its Managing Director
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N.KANNADASAN, J. -
(1.) The petitioner is the opposite party and the respondent herein is the
complainant before the District Forum.
(2.) This Revision Petition is filed as against the order passed by the
District Forum in rejecting the application filed by the petitioner
wherein the relief is claimed to dismiss the complaint as barred by
(3.) The complaint is filed by the respondent herein by contending that he
has met with an accident on 6.6.1993 and admitted in the hospital at
Vellore and later on continued treatment w.e.f 28.8.94 in the hospital of
the opposite party / petitioner herein. According to the complainant, an
operation was performed by the 2nd opposite party on 16.9.94 and he was
discharged 24.9.94 and subsequently he underwent total elbow joint
replacement on 07.10.1995. Subsequently he underwent routine checkup and
approached the 2nd opposite party once again for certain compliance and
finally on 3.2.98 he had the removal of elbow implants and excision
arthroplasty surgery. However he has developed some complications and he
has written letters on 22.5.04 and 14.07.04 alleging medical negligence
on the part of the opposite parties. According to the complainant, he has
subsequently underwent treatment in CMC Hospital at Vellore on 24.12.04.
According to the complainant, he has developed a paralytic attack due to
the mental stress due to non-healing of the hand despite two operations
by the opposite parties and the above fact is admitted by him in the
complaint preferred before the District Forum, as well as in the
paragraph pertaining to the cause of action. The District Forum has
admitted the complaint, and thereafter the opposite party has filed a
petition to dismiss the complaint as barred by limitation.;
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