RAIZ AHMED vs RASHID ALI

THIS revision has been filed against the order dated 30.10.2000 passed by District Consumer Forum, Jyotiba Phule Nagar in Complaint Case No. 65/2000.

THE complainants, Rashid Ali and Smt. Sharifa filed a complaint before the learned District Consumer Forum alleging amongst others medical negligence on the part of the revisionist, Dr. Raiz Ahmed and Dr. (Smt.) Arifa Amini. A preliminary objection was raised before the learned District Forum by the opposite parties, revisionists, that no treatment of Smt. Sharifa, was done by the opposite parties nor any advise was tendered. No evidence of such an advise or treatment was filed along with the complaint and, therefore, the complaint should not have been admitted. The learned District Consumer Forum, after hearing both the parties, decided the preliminary objection and observed that the facts are yet to be brought on record and, therefore, rejected the preliminary objection.

Aggrieved of this order, the opposite parties have come in revision.

NOTICE was issued to the opposite party for appearing before this Commission on in the month of January, 2001. The notice has not been returned back unserved. Hence service is presumed sufficient. The R.K. Gupta, Advocate was present on behalf of the revisionist. His arguments were heard.

WE have perused the records of the revision. WE have also gone through the contents of the complaint. Under the Consumer Protection Act it is not mandatory that all concerned papers should be accompanied with the complaint. It is also after filing of the written statement that the complainant is allowed to file evidence, if any. In the circumstances the order passed by the District Consumer Forum is perfectly alright and needs no interference. The revision is, therefore, liable to be rejected. ORDER The revision petition is dismissed. Let copy a per rules be made available to the parties. Revision Petition dismissed.