BLOOM LIFE HOSPITAL PVT. LTD. Vs. CHAIRPERSON

JUDGEMENT

(1.) This writ petition is filed assailing the order of the State Consumer Forum dtd. 30/9/2025 in R.P.No.37 of 2025, dismissing the revision preferred by the petitioners, thereby confirming the order of the District Consumer Forum dtd. 28/5/2025 condoning the delay of 95 days in filing of the complaint.

(2.) The 2nd respondent/complainant had preferred a complaint before the District Consumer Forum seeking compensation, alleging deficiency in service on the part of the petitioners. According to the complainant, she suffered Recto Vaginal Fistula during the delivery of her child at the petitioners hospital. She got readmitted and underwent surgery in petitioners hospital. The problem persisted and as directed by the 2nd petitioner, she again underwent surgery on 7/10/2022 in Apollo Hospital. The further surgery was also not fruitful. A legal notice was issued on 24/7/2024, but due to her medical condition, she was not able to go out and take steps in preferring the complaint in time and ultimately, the complaint along with the petition was filed with a delay of 95 days.

(3.) The 2nd respondent had filed petition seeking condonation of delay of 95 days. The petitioners had resisted the petition contending that the complainant was admitted for delivery of her child in the petitioners hospital on 27/8/2019 and got discharged on 30/8/2019. As such, the complaint ought to have been preferred within 2 years from that date and if so, there is a delay of more than 3 years and 4 months in filing the complaint and petition filed to condone the delay of 95 days is without any basis.