LAWS(NCD)-2017-8-92

DR. VIJAYALAKSHMI MANAGING DIRECTOR, VIJAYALAKSHMI MEDICAL CENTRE, CHAKKARAPARAMBU, ERNAKULAM, KERALA Vs. ABITHA PADIYARA CHOORAKKUZHIYIL HOUSE, MALAKUVALLI P.O, MAJAPPRA IDUKKI KERALA

Decided On August 11, 2017
Dr. Vijayalakshmi Managing Director, Vijayalakshmi Medical Centre, Chakkaraparambu, Ernakulam, Kerala Appellant
V/S
Abitha Padiyara Choorakkuzhiyil House, Malakuvalli P.O, Majappra Idukki Kerala Respondents

JUDGEMENT

(1.) The complainant, Mrs. Abitha Padiyara, filed one complaint No. 488 of 2013 against the OP, alleging medical negligence before the Ernakulam District Consumer Disputes Redressal Forum (in short the District Forum). It was dismissed in default due to continuous absence of the complainant. Thereafter, another fresh complaint No. 805 of 2014 was filed by the complainant on 16-10-2014 on the same cause of action before the same District Forum.

(2.) The OP filed an IA No. 999 of 2014 before the District Forum for the dismissal of the consumer complaint on the ground that the second complaint was time barred and not maintainable on the same cause of action. The District Forum dismissed the complaint; therefore, the complainant filed the First Appeal No. 672 of 2015 before the Kerala State Consumer Disputes Redressal Commission (in short the State Commission). The State Commission allowed the appeal and the complaint was remanded back to District Forum for a fresh disposal. Being aggrieved by the impugned order, the OP/petitioner filed this revision petition.

(3.) We have heard the Counsel for the petitioner, who submitted that the second Complaint No. 805 of 2014 filed by complainant was barred by time and by res judicata. It was filed on the same cause of action. Therefore, it is legally not tenable.