STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/FA/553/2025 (Against the Order dated 27th September 2024 in Complaint DC/560/CC/109/2024 of the District Consumer Disputes Redressal Commission Kottayam)

GENERAL HOSPITAL PRESENT ADDRESS - THE SUPERINTENDENT GENERAL HOSPITAL KOTTAYAM 686 001 KOTTAYAM,KERALA.

.......Appellant(s)

Versus ACCAMMA .K.K PRESENT ADDRESS - RTD.SUB TREASURY OFFICER W/O JAMES GEORGE CHERUPALLIL HOUSE PALLOM P.O NATTAKAM VILLAGE KOTTAYAM TALUK KOTTAYAM 686 007 KOTTAYAM,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE APPELLANT:

GENERAL HOSPITAL DATED: 17/10/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM I.A.No.802/2025 in APPEAL No.553/2025 ORDER DATED:17.10.2025 (Against the order in C.C.No.109/2024 on the files of DCDRC, Kottayam)

PRESENT:

KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER PETITIONERS/APPELLANTS:

1.

The Superintendent, General Hospital, Kottayam – 686 001

2.

The Chairman, Medical Insurance for State Employees and Pensioners (Medisep), Finance (Health Insurance), Secretariat, Thiruvananthapuram –

695 001 (by K.L. Hareesh Kumar, Addl. Govt. Pleader and Public Prosecutor)

Vs.

RESPONDENT:

Accamma K.K., Retd. Sub Treasury Officer, W/o James George, Cherupallil House, Pallom P.O., Nattakam Village, Kottayam Taluk, Kottayam – 686

007

ORDER

This is an application praying for condoning the delay of 227 days in filing the appeal.

2. Heard. Perused the affidavit filed in support of the application.

3. It is contended that it was not clear to the petitioners as to when the free copy of the order was received by the petitioners. However, on enquiry, it was found that on 04.11.2024 the free copy was issued by the District Commission. The petitioners did not receive the free copy of the order and hence they applied for the certified copy on 12.12.2024. Thereafter, the copy of the order received was misplaced and the said copy was subsequently traced out on 21.06.2025. In the said circumstances, there occurred a delay of 227 days in filing the appeal.

4. It is admitted by the petitioners that the free copy was sent to the petitioners by the District Commission on 04.11.2024. The petitioners did not state that the said copy was not received in the office of the petitioners. The subsequent copy obtained by the petitioners was also misplaced. However, after about six months, the said copy was traced out.

5. Having gone through the reasons stated by the petitioners, we are not satisfied that there is sufficient cause to condone the delay of 227 days in filing the appeal. That apart, it appears that the petitioners were grossly negligent. There was also want of due diligence on the part of the petitioners. In the said circumstances, we are not inclined to condone the delay in filing the appeal.

In the result, this application stands dismissed.

PRESIDENT JUSTICE B. SUDHEENDRA :

KUMAR JUDICIAL AJITH KUMAR D. :

MEMBER K.R. : MEMBER RADHAKRISHNAN SL/jb KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No.553/2025 JUDGMENT DATED:17.10.2025 (Against the order in C.C.No.109/2024 on the files of DCDRC, Kottayam)

PRESENT:

KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER APPELLANTS:

1.

The Superintendent, General Hospital, Kottayam – 686 001

2.

The Chairman, Medical Insurance for State Employees and Pensioners (Medisep), Finance (Health Insurance), Secretariat, Thiruvananthapuram –

695 001 (by K.L. Hareesh Kumar, Addl. Govt. Pleader and Public Prosecutor)

Vs.

RESPONDENT:

Accamma K.K., Retd. Sub Treasury Officer, W/o James George, Cherupallil House, Pallom P.O., Nattakam Village, Kottayam Taluk, Kottayam – 686

007

JUDGMENT

In view of the dismissal of I.A. No. 802/2025, this appeal stands dismissed as time barred.

The statutory deposit made by the appellants shall be