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STATE CONSUMER DISPUTES REDRESSAL COMMISSION
R.SUBBIAH, PJ
T.M.Nadar @ Thankarajan Muthayyan Nadar – Appellant
Versus
Dr.Ramola Jenet Diyana – Respondent
| Table of Content |
|---|
| 1. medical negligence claim filed by father due to daughter's death. (Para 1 , 2 , 4) |
| 2. legal standing questioned based on class of legal heirs. (Para 3 , 5 , 6) |
| 3. legal definitions and implications of consumer protection law discussed. (Para 7 , 8 , 9) |
| 4. final decision emphasized procedural correctness and locus standi. (Para 10) |
| 5. dismissal of appeal and revision confirmed. (Para 11) |
COMMON ORDER
R.Subbiah, J. President
The appellant herein filed the main case in C.C. No.41 of 2022 as complainant before the DCDRC, Kanyakumari District @ Nagercoil, as against the OPs, who are the respondents herein, alleging that the medical negligence and unfair trade practice on their part had caused the death of his daughter who, according to him, had died either during the C-Section surgery or during the unauthorized additional procedure/Hysterectomy done to her at the Clinic of OP Nos.1 to 5 and further management at the Health Centre of OP Nos.6 to 9.
2. It is during the course of the proceedings in the main case that was taken up on file after admission, OP Nos.1 to 5 moved CMP No.53 of 2022, seeking the District Commission to dismiss the complaint for maintainability on the gr
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