VASNATHA SAMKUTTY Vs. MARTHOMA MEDICAL MISSION CENTRE

JUDGEMENT

(1.) Petitioner/Complainant has filed this revision petition under section 21(b) of the Consumer Protection Act, 1986 (short, 'Act') challenging order dated 12.11.2010 passed in (First Appeal No.1038 of 2004) by Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (short, "State Commission").

(2.) Brief facts are that Petitioner/Complainant was admitted in the hospital of Respondent No.1/Opposite Party No.1 on 8.1.2000 for complaint of stomach pain. She was examined by Respondent No.2/Opposite party No.2 and was operated for appendicitis by him on that day itself. Subsequently, she was treated in the hospital till 15.1.2000 and was finally discharged. Since, the condition of petitioner was very serious so on reference from respondent hospital, again she was admitted in General Hospital, Pathanamthitta. She was treated there till 29.1.2000 by Dr. K.T.Sebastian. Thereafter, she was treated as an out-patient in the same hospital till 28.3.2000. Again petitioner got serious pain and was admitted in General Hospital on 28.3.2000 and discharged on 6.4.2000. The petitioner is continuing the treatment as out-patient. It is stated that petitioner had suffered huge monetary loss and mental agony for more than seven months. It is further alleged that the loss sustained was due to the rash and negligent and irresponsible act and operation treatment of the respondents. Thus, petitioner filed a complaint to get reimbursement of treatment expenses with compensation and cost.

(3.) Respondent no.2 was duly served but did not appear before the District Forum.