Citation : 2024 Latest Caselaw 15764 Ker
Judgement Date : 6 June, 2024
OP(C) No.1196/2024 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 6th day of June 2024 / 16th Jyaishta, 1946
OP(C) NO. 1196 OF 2024
FA 49/ 2012 IN CC 13/2007 OF THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
,NEW DELHI
PETITIONER(S)/ 2ND RESPONDENT PARTY NO. 2:
DR. AMBADI RAMAKRISHNAN, AGED 73 YEARS, S/O. T.C. GOPALA
MENON,AMBADI COLOUR DOPPLER SCANNING CENTRE, SKVC ROAD, KANATTUKARA
P.O, THRISSUR DISTRICT, KERALA., PIN - 680011
RESPONDENT(S)/ APPELLANTS/ COMPLAINANTS & 1ST OPPOSITE PARTY:
1. MANJU P, AGED 50 YEARS, W/O JITHESH, VADAKKUMCHERRY (H), ENGANDIYOOR
VILLAGE ,ENGANDIYOR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT,
KERALA, PIN - 680615
2. JITHESH, AGED 57 YEARS, S/O DHARMAPALAN, VADAKKUMCHERRY
(H), ENGANDIYOOR VILLAGE, ENGANDIYOR VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT KERALA, PIN - 680615
3. DEVADAT, AGED 17 YEARS, S/O JITHESH (MINOR), REPERESENTED BY HIS
FATHER, JITHESH, VADAKKUMCHERRY (H), ENGANDIYOOR VILLAGE, ENGANDIYOR
VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT KERALA, PIN - 680 615.
4. THE MANAGING DIRECTOR, MOTHER HOSPITAL (PVT LTD ), P.O PULLAZHI
,OLARI , THRISSUR ,KERALA, PIN - 680 012.
OP (Civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
the operation of the impugned order dated 03-01-2024 of National Consumer
Dispute Redressal Commission, New Delhi pending disposal of this Original
Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
Sri. S.GOPAKUMARAN NAIR (Senior Advocate) along with M/S S.PRASANTH,
HELEN P.A, STEPHANIE SHARON, ATHUL ROY & INDRAJITH DILEEP, Advocates for
the petitioner, the court passed the following:
O R D E R
Admit.
Issue notice to the respondents.
Post on 07-08-2024 along with OP(C) No. 828/2004. Till then, the impugned judgment shall stand stayed on condition that the petitioner shall deposit 50% of compensation amount awarded by the Kerala State Consumer disputes Redressal Commission before the commission within a period of one month from today.
Sd/- DR. KAUSER EDAPPAGATH JUDGE
06-06-2024 /True Copy/ Assistant Registrar
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