IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 33527 of 2008(N) -------------------------- PETITIONER(S): --------------- THE DIRECTOR, ST.JOHN'S HOSPITAL, KATTAPPANA P.O., KATTAPPANA, REPRESENTED BY ADMINISTRATOR. BY ADV. SRI.GEORGE THOMAS (MEVADA) RESPONDENT(S): --------------- 1. RAJAN THOMAS, S/O.THOMAS, KONNACKAL HOUSE, PULIYANMALA P.O., KAMPANIPPADY, IDUKKI DISTRICT. 2. PRASAD.V.K., S/O.KARTHIKEYAN, VARIYATHUKALAYIL HOUSE, KATTAPPANA P.O., VALIYAKANDAM, IDUKKI DISTRICT. 3. THE STATE COMMISSION FOR CONSUMER DISPUTE'S REDRESSAL, VAZHUTHAKKAD, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 4. THE DEPUTY TAHSILDAR R.R., UDUMBANCHOLA, IDUKKI DISTRICT. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).33527/2008 -------------------- Dated this the 13th day of November, 2008 JUDGMENT First respondent availed of medical facilities available to the petitioner's hospital and complaining of negligence in service, approached the Consumer Disputes Redressal Forum, Idukki, claiming compensation. CDRF allowed the application of the first respondent directing payment of compensation of Rs.50,000/-. Petitioner sought to prefer appeals before the State Commission and also enclosed two drafts for an amount of Rs.25,000/- each as pre-deposit for maintaining the appeal. Steps under the Revenue Recovery Act have now been taken for recovery of amounts awarded by the CDRF. Petitioner's appeals have been rejected by the State Commission on the ground that the documents on which the petitioner purportedly relies on have not been produced along with the appeals. Petitioner's counsel sent Ext.P9 to the Secretary of the State Commission, pointing out that the appellants do not have any document to be produced for considering the appeals and in the W.P.(C).33527/2008 2 circumstances appeals should be sent to the bench for consideration. Writ petition has been filed seeking a direction to the State Commission to accept the appeals, process them and proceed to consider in accordance with law and for restraint on the recovery proceedings till such time. It is upto to the petitioner to approach the State Commission for registration of the appeals and for further steps. Third respondent shall proceed to consider Ext.P9 and if the request is maintainable, appeals may be sent to the Bench to enable the petitioner to move for appropriate orders. This shall be done within two months from the date of receipt of a copy of this judgment. In the meanwhile, further proceedings pursuant to Exts.P5 and P6 shall stand stayed for a period of three months from today. Writ petition is disposed of as above. V.GIRI, Judge mrcs