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2001 Supreme(Ker) 139

J.B.KOSHY
St. Josephs Hospital – Appellant
Versus
Jimmy – Respondent


Judgment :-

J.B. Koshy, J.

Petitioner is the Director of a Hospital. First respondent filed a complaint against the hospital before the Consumer Disputes Redressal Forum, Kannur regarding the treatment of his wife late Simi. A notice was issued on 17.2.1999 to the hospital showing the posting date of the case as 14.4.1999. But 14.4.1999 was declared as a holiday and the case was taken up on 16.4.1999 and the petitioner was declared exparte. Aggrieved by the above, petitioner filed an application for setting aside the exparte order under O. IX R.7 of the Code of Civil Procedure. That was rejected by the Consumer Disputes Redressal Forum, Kannur by Ext. P6. Against the above order this Writ Petition is filed under Arts.226 and 227 of the Constitution of India. Since the order challenged in this petition is the order of the Tribunal, Art.227 will only apply in this case. The procedure in respect of a complaint is specifically mentioned in S.13 of the Consumer Protection Act. There is no power for the Forum to declare exparte or pass an order or take a decision exparte under the above S.13 of the Consumer Protection Act. But power is given to the District Forum to decide the complaint e








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