SAMSUNISA Vs. THILAGAVATHY, M.B.B.S

JUDGEMENT

(1.) This appeal is targeted against the order of the District Forum in CMP.No.9/2008, wherein the District Forum refused to condone the delay in filing CC.No.51/2006.

(2.) Tmt. Samsunisa (since deceased), has filed a consumer complaint, against the opposite party / respondent, claiming a sum of Rs.20 lakhs, as if the opposite party had committed medical negligence, while performing surgery, in the year 1993, which had complicated her health, resulting continuous treatment etc., for which the opposite party is answerable.

(3.) The main complaint came to be filed before the District Forum on 21.11.2006, and on the same day, a petition came to be filed to condone the delay of 4449 days, under Sec.24(A) (ii) of the Consumer Protection Act, realizing that the original complaint is not in time or, in other words realizing the claim was not made within two years, as contemplated under Sec.24(A)(i) of the Consumer Protection Act.