B.K. Taimni, Member—Appellant was the complainant before the State Commission, where he had filed a complaint alleging medical negligence on the part of the respondents. Upon issue of notice, the matter was contested before the State Commission, who after hearing the parties dismissed the complaint, as the complainant had failed to adduce the expert opinion in support of allegations made by him. Aggrieved by this order this Appeal has been filed before us.

2. We heard the Ld. Counsel for the parties at some length. After going through the material on record we find that the State Commission clearly has not followed the provisions of Section 13(2)(a)(b)(i) of the Consumer Protection Act, which reads as under:

“(2) The District Forum shall, if the [complaints admitted] by it under Section 12 relates to goods in respect of which the procedure specified in sub-section(1) cannot be followed, or if the complaint relates to any services:

(a) refer a copy of such complaint to the opposite party directing him to give version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum;

(b) Where the opposite