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B. SUDHEENDRAKUMAR, AJITH KUMAR D., RADHAKRISHNAN K. R.
United India Insurance Company Ltd. – Appellant
Versus
Aswin Raj – Respondent
ORDER
B. Sudheendra Kumar, President—The appellants are the opposite parties 2 and 3 in C.C. No. 292/2011 on the files of the District Consumer Disputes Redressal Commission, Malappuram (for short, ‘the District Commission’).
2. On 14.12.2010, when the complainant was a student of 7th standard, the complainant, along with other students visited the amusement park of the 1st opposite party. During the ride, the complainant sustained injuries. He was taken to the nearby hospital and treated there. He sustained the loss of two teeth. The root canal operation was done and the said two teeth were fixed at the nearby hospital. However, there was continuous bleeding from the wound. Therefore, the complainant was taken to the Medical College Hospital, Calicut and treated there. The treatment there still continues. The complainant was advised to change the said teeth at the age of eighteen years. Due to the injury on the teeth, the face of the complainant had a deformity. The request of the complainant to pay compensation was denied by the opposite parties. In the said circumstances, the complainant filed the above complaint alleging deficiency in service on the part of the opposite parties
(1) Summary Jurisdiction Limitation – The Consumer Commission cannot adjudicate matters involving complex “disputed factual questions” (such as whether an accident actually occurred), as its proceedi....
Revisional jurisdiction - Only in a case where it is found that the State Commission has exercised its jurisdiction not vested in it by law, or has failed to exercise the jurisdiction so vested illeg....
(1) Return of title Deed – The materials on record would convincingly prove that the complainant had repaid the entire amount and it was obligatory on the part of the opposite parties to return the t....
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