APOLLO HOSPITAL Vs. T S ANAND KUMAR

JUDGEMENT

(1.) This Writ Petition has been filed in the nature of writ of Certiorari calling for the records relating to the impugned order dated 29.8.2009 passed by the A.P. State consumer Redressal Commission, Hyderabad in R.P. No. 32 of 2009 in confirming the order dated 8.4.2009 in I.A. No. 529 of 2008 in CD. No. 67 of 2001 passed by the District Consumer Redressal Forum-I, Hyderabad and quash the same as illegal.

(2.) Brief facts of the case are that both the petitioners are Apollo Hospital, Vikram Puri, Secunderabad and Apollo Hospital, Jubilee Hills, Hyderabad respectively. Their case is that the first respondent T.S. Anand Kumar, S/o Late Mr. V.T.S. Murthy has filed C.D. No. 67 of 2001 before the District Forum-I, Hyderabad alleging medical negligence and deficiency in medical service against respondents 3 to 5 herein and the said CD. was dismissed on 7.1.2004. Aggrieved by the said order, the first respondent herein filed F.A. No. 130 of 2004 before the A.P. State Consumer Redressal Commission, Hyderabad and the same was remanded to the District Forum-I Hyderabad for fresh consideration. Thereafter the first respondent has filed I.A. No. 4040 of 2008 before the District Forum-I seeking impleadment of petitioners herein and the said I.A was allowed on 10.7.2008. Again LA. No. 529 of 2008 was filed by the petitioners herein, seeking impleadment of the second respondent-Oriental Insurance Company as the petitioners herein are insured with it. It is further submitted that the District Forum-I, Hyderabad without proper appreciation of the facts dismissed the I.A. No. 529 of 2008 on 9.4.2009. Against that order, petitioners herein filed R.P. No. 32 of 2009 before the A.P. State Consumer Redressal Commission, Hyderabad and the same was dismissed by an order dated 20.8.2009 confirming the order of the District Forum, the relevant portion of the order reads as under:

(3.) Being aggrieved by the same, the present Writ Petition has been filed.