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2022 Supreme(Ker) 373

S.MANIKUMAR, SHAJI P.CHALY
Vijil – Appellant
Versus
Ambujakshi T. P. , W/o. Janardhanan – Respondent


Advocates Appeared:
For the Appellant : S. Gopakumaran Nair (Sr.), Sooraj T. Elenjickal, Renoy Vincent, Aswin Kumar M.J., Helen P.A., Arun Roy, Shahir Showkath Ali.
For the Respondent: Sri. V. Girishkumar, CGC.

JUDGMENT :

S. Manikumar, J.

The writ appeal is filed by the petitioners in the writ petition challenging the judgment of the learned Single Judge in W.P. (C)No.970 of 2022 dated 10.2.2022. Appellants are doctors practicing modern medicine.

2. Short facts leading to the filing of the writ appeal are as follows:

A consumer complaint C.C.No.202/2020 was filed by the 1st respondent u/s 35 of the Consumer Protection Act, 2019 before the District Consumer Disputes Redressal Forum, Kannur against the appellants seeking compensation for medical negligence and deficiency of service on the part of the appellants while treating the complainant/1st respondent resulting allegedly in the loss of sight of the left eye of the 1st respondent.

3. On receipt of notice issued from the Consumer Disputes Forum, Kannur the appellants filed I.A.No.92/2020 in C.C.No.202/2020 challenging the maintainability of the complaint, for want of jurisdiction for the District Consumer Forum to entertain the above complaint under the new Consumer Protection Act, 2019 and hence, praying for dismissal of the complaint. The main contention raised in the above I.A is that 'medical services/practice' is not included in the list

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