Mr. Justice P.C. Misra, President—The question of maintainability which is taken up as a preliminary point is disposed of as follows:

It was urged by the learned Counsel appearing for opp. parties 3, 5 & 6 that for the purpose of determining as to whether the petitioners are consumers and in that matter whether the dispute raised by the petitioners is a consumer dispute within the meaning of the Act, the averments made in the application alone may be looked into. In other words, the question of maintainability of the case was required to be decided on the case pleaded by the petitioners alone without referring to the disputed questions of fact.

2. The petitioner No. 1 is the father of deceased Padmalaya whose husband is petitioner No. 2. Petitioners 3 & 4 are the minor son and daughter of Padmalaya aged 3 years and 1 year respectively, who are represented through their father-guardian, the petitioner No. 2. The petitioners have claimed compensation of Rs. 7,45,000/- for the death of Padmalaya alleging that she died due to the negligence of the treating physicians. According to the petitioners, Padmalaya was admitted to the Headquarters Hospital at Polangir for treatment of breat