IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER

M.P.S.R.No.343/2019

in

C.C.No.34/2015

THURSDAY, THE 09^th DAY OF SEPTEMBER 2021

1. M/s.Madurai Sivakasi Nadar

Uravinmurai Hospital,

Rep.by its Chairman Dr.Kaniarasu,

No. 37, Chithiraikara Street,

Madurai – 625 001. 1^st Petitioner/1^st Opposite Party

2. Dr.Dhanalakshmi,

Medical Officer,

M/s.Madurai Sivakasi Nadar

Uravinmurai Hospital,

No. 37, Chithiraikara Street,

Madurai – 625 001. 2^nd Petitioner/2^nd Opposite Party

-Vs-

1. J.V.Baskaran,

S/o Mr.J.S.Vasudevan,

No.37/54,Paripoorana Vinayakar

Koil Street, Mylapore,

Chennai – 600 004. 1^st Respondent/1^st Complainant

2. Master J.B.Bharadwajan, (Minor),

S/o J.V.Baskaran,

No.37/54,Paripoorana Vinayakar

Koil Street, Mylapore,

Chennai – 600 004. 2^nd Respondent/2^nd Complainant

3. Master J.B.Sastivikas, (Minor),

S/o J.V.Baskaran,

No.37/54,Paripoorana Vinayakar

Koil Street, Mylapore,

Chennai – 600 004. 3^rd Respondent/3^rd Complainant

Counsel for the Petitioners-1&2/Opp. parties 1 & 2 : M/s.R.Ramasamy, Advocate.

Counsel for the Respondents 1 to 3/Complainants 1 to 3 : Mr.C.K.M.Appaji, Advocate.

This petition having come before me for final hearing on 31.08.2021 and on

perusing the material records, this Commission made the following:-

ORDER

THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.

1.The petition has been filed by the petitioners who are the opposite parties 1 & 2

in the main consumer complaint in C.C.No.34/2015 filed by the complainants 1 to 3 who

are the respondents 1 to 3 herein praying this Commission to set aside the exparte

order .

2.

In the petition affidavit, the petitioners/opposite parties 1 & 2 have

averred as follows;- The court was ordered the above case as set ex-parte for no

representation on the petitioners side. The petitioner gone to medical conference and

administrative officer is also sick therefore no instruction was given to the advocate.

The petition was set ex-parte on 11.06.2019. It is a good case for the petitioners and

the petitioner can establish the truth as well as the petitioner has not approached this

Commission with clean hands. Therefore the Commission may be pleased to set aside

the ex-parte order passed on 11.06.2019.

3. The complainant filed this consumer complaint against the petitioners/ opposite

parties in the year 2015 claiming compensation towards medical negligence. 1^st

complainant lost his wife at his young age, the 2^nd complainant lost his mother in his

childhood and the 3^rd complainant lost his mother immediately after his birth. Due to

the death , the 1^st complainant is compelled to take the role of the mother so as to take

care of the children. The complaint was ordered to taken on file and issuance of notice

to the opposite parties on 15.09.2015. Notice served to the 1^st and 2^nd opposite parties

on 29.09.2015 and the matter was adjourned to filing written version on the side of

opposite parties 1 & 2 by 17.11.2015 the opposite parties have not filed their written

version within statutory period and consumer complaint was adjourned to several

hearings for filing their written version. The opposite parties come forward with their

written version along with an application only on 10.12.2018 after lapsing of statutory

period of 45 days. The opposite parties 1 & 2 have not filed their written version upto

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