CHRISTIAN MISSION HOSPITAL Vs. P MEENAKSHISUNDARAM

JUDGEMENT

(1.) The 1st opposite party in O. P. No.347/99 on the file of the District Consumer Disputes Redressal Forum, Madurai, is the appellant herein. This is a case of medical negligence. An award has been passed against both the opposite parties for a sum of Rs.42,959 out of which Rs.30,000 was representing compensation for mental agony and hardship, Rs.10,959 towards expenses and Rs.2,000 towards cost of litigation. It would appear that the opposite parties remained absent and were set ex parte. The reasons given in the Memorandum of Grounds of Appeal for the opposite parties remaining ex parte relate to one Medical Superintendent after another getting displaced or retiring from service and so on and so forth. The fact remains that the opposite parties remained ex parte.

(2.) The District Forum, on the materials produced by the complainant which are prescriptions, receipts and perhaps on the basis of the proof affidavit, held that there was deficiency in service and passed an award as already referred to.

(3.) In our view, in the interest of justice, there must be a remand to enable the opposite parties to contest the case and have a decision on merits. We are, therefore, not going into the details. However, the opposite parties could have the luxury of a fresh inquiry only subject to heavy terms. It would appear that the opposite parties were served notice on 5.11.1999. When the matter was called on 16.11.1999 it was recorded that "r1, R2 notice served. OP1 and OP 2 called absent; set ex parte; for proof affidavit of complainant 16.12.1999". In M/s. Signet Corporation V/s. Commissioner, M. C. D. , New Delhi and Ors. , III (1997) CPJ 6 (NC)=1997 (2) CPR 179, it has been held by the National Commission that after service of notice the opposite party must be given time to file version and if this is not done and they are set ex parte, it would be highly irregular. This is what had happened in this case. Immediately after it was reported that the opposite party had been served, without providing further time for filing their version, the District Forum had set them ex parte. Taking this into consideration, we allow the appeal, set aside the order of the District Forum and remand the matter to the District Forum, subject to the opposite parties paying a sum of Rs.5,000 as costs to the complainant within four weeks from today. On such payment, the District Forum shall take up the matter afresh, give two weeks to the opposite parties to file their version and then dispose of the matter within four weeks therefrom.