JUDGMENT :

MURALI PURUSHOTHAMAN, J.

1. The appellant, Regional Cancer Center (RCC), Thiruvananthapuram, a State owned Society running a cancer care hospital and research center states that they have formulated a series of cancer care schemes to provide cancer treatment free of cost to all who join the scheme. The 3rd respondent joined in one such scheme namely ‘Cancer Care for Life’ (CCL) along with three of his family members in the year 1994 by paying a membership fee of Rs. 1,700/-. Being diagnosed with cancer, the 3rd respondent reported to the appellant on 03.02.2006 with a referral letter from a hospital at Kottayam and availed treatment under the CCL. Appellant states that, at the RCC, Chemotherapy treatment was provided to the 3rd respondent, free of charge. However, the 3rd respondent had to be subjected to a specialized ‘Targeted Therapy’ in addition to regular Chemotherapy treatment and he paid an amount of Rs. 4,40,466/- to the appellant being the cost of the medicine ‘Mabthera’ for ‘Targeted Therapy’ and pay ward charges.

2. Alleging deficiency in service on the part of the appellant, the 3rd respondent filed Ext.P4 complaint before the 2nd respondent District Consumer Di