Before the State Consumer Disputes Redressal Commission (under Consumer Protection Act, 2019) of Telangana, Eruvaka Building, Khairathabad, Hyderabad - 500 004 RP No.30/2020A GAINSTIA NO.1/2020IN CC NO.51/2006 ON THE FILE OF DISTRICTCOMMISSION,K HAMMAM Between:

1) Vuppala Rammohan Rao S/o China Venkatram Narsaiah, aged 42 years, Occ: Business/Agriculture, R/o Patharlapadu village, Tirumalaipalemm andal, Khammam district.

2) Smt Kathireni Avanthi @ Swetha W/o Suresh Kumar, D/o Rammohan Rao, aged 20 years, Occ: Housewife, R/o Suryapet, Nalgonda district.

3) Vuppala Anil Kumar S/o Rammohan Rao, aged 19 years, Occ: Student, R/o Patharlapaduv illage, TirumalaipalemM andal, Khammam district.

... RevisionPetitioners/

Petitioners/

Complainants And Dr.Vasireddy Vijaya Kumar, MBBS., MS., aged 55 years, Occ: Doctor, C/o Sri Ramakrishna Nursing Home, Station Road, Near Tiny Tots School, Khammam town and district.

2) Dr.Vasireddy Nirmala, MBBS, DGO., W/o Dr.Vasireddy Vijaya Kumar, aged 50 years, Occ: Doctor, C/o Sri Ramakrishna Nursing Home, Station Road, near Tiny Tots School, Khammam town and district.

Respondents/ Respondents/

Oppositeparties Counsel for Review Petitioners Smt P.V. Padmaja Counsel for the Respondents : Sri M.V.Venu CORAM Hon'ble Sri Justice MSK Jaiswal ...

President and Smt Meena Ramanathan Member Wednesday the Thirtieth ^day of March Two Thousand Twenty Two Oral Order:

***

This revision petition is filed by the Complainants in CC No.51 of

2017 on the file of District Forum, Khammam aggrieved by the orders dated 08.01.2020 by and under which the District Forum, Khammam dismissed the lA No. 1/2020 in CC No.51/2006 filed by the Petitioners seeking to permit them to cross-examine the expert through Advocate Commissioner.

2)

The Revision Petitioners herein are the Complainants in CC No.51/2006before the forum below while the Respondents herein are the Opposite parties.

The Complainants laid the subject complaint against ^the Opposite parties complaining negligence on ^the part of the Opposite parties. In order to prove their case, the Complainants filed Interlocutory Application seeking to send the case record to an expert who is qualified in Obstetrics & Gynaecology of any medical college.

Accordingly, one Sri Y.Subrahmanyam was appointed as Advocate Commissioner to take-up the said task of examining the expert.

3) In turn, the Advocate Commissioner handed over the case papers to Dr.R.Sarala Devi, Head of Departmento f Obstetrics & Gynaecologist at Kakatiya Medical College, Warangal.

Later-on, the Advocate Commisioner issued notice dated 24.03.2018 to the expert, to which, she gave her opinion to the Advocate Commissioner, vide letter dated

15.06.2018. As things stood thus, the Opposite parties filed application bearing IA No.98/2018 before the forum below seeking an to cross-examine the expert which was dismissed by orders dated

31.10.2018.

4) Aggrieved by ^the said orders of dismissal, ^the Opposite parties preferred ^a revision before this Commission vide RP No.92/2018, and this Commission allowed the same vide orders dated 03.05.2019 ordering the District Forum to appoint an Advocate Commissionerfor the purpose ^of cross-examination o f Dr.R.Sarala Devi. But the same could not be commenced for longer period. However, in the absence of Complainantsa nd their counsel despite the fact that their counsel is not available in India during 19.11.2019 to 29.12.2019, the Advocate Commissioner without any notice or intimation to the Complainants permitted the cross-examination of expert on behalf of the Opposite parties and recorded it on 06.12.2019 and filed the same before Forum below on 09.12.2019. Subsequently, on return to lndia, their counsel could come to know of the same. Hence, the Complainants filed an application bearing IA No.1/2020 seeking to permit them to cross examine the expert through Advocate Commissioner, which was dismissed by orders dated 08.01.2020.

5) It is this order which is under challenge in this revision.

6) Upon perusal of the ma