JYOTSANA ARVINDKUMAR SHAH Vs. BOMBAY HOSPITAL TRUST

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are preferred against the common order dated 30-4-1997 of the Consumer Disputes Redressal Commission, Maharashtra State, Mumbai (for short " the State Commission") in Miscellaneous Applications Nos. 15 and 31 of 1996 (Execution) in Complaint No. 20 of 1992, which was affirmed by the National Consumer Disputes Redressal Commission, New Delhi (for short the National Commission) by declining to entertain Revision Petitions Nos. 670 and 671 of 1997 filed before it.

(3.) The appellants preferred Complaint No. 20 of 1992 against the respondent claiming a compensation of Rs. 7 lakhs with interest at the rate of 12% p.a. alleging that the husband of the first appellant and father of appellants 2 and 3 died in the respondent's Hospital on account of carelessness and negligence while treating the deceased in the Hospital. A notice dated 1-2-1992 was served on the respondent calling upon it to file its defence within thirty days from the date of receipt of notice and failing to do so, would result in an ex parte decision. On receipt of the notice, the respondent's advocate sent a letter to the Registrar of the State Commission requesting for extension of time for filing reply up to 24-3-1992. However, on 12-3- 1992, which date the respondent was directed to appear, no one appeared before the State Commission. It appears that further to the letter requesting adjournment, the respondent's advocate has forwarded the written statement in defence of the complaint made by the appellants. That was received in the Office of the State Commission on 26-3-1992. On 12-3-1992, the State Commission recorded a statement noticing the absence of the respondent and also failure to file any defence on behalf of the respondent. The State Commission proposed to proceed ex parte and directed the appellants to file their affidavit by 9-4-1992. On 9-4-1992, again no one appeared on behalf of the respondent and the State Commission proceeded ex parte and passed a reasoned order on merits awarding compensation of Rs. 7 lakhs with interest at the rate of 12% p.a. from 27-1-1992 to the appellants.