NISHI HARISCHANDRA TRIPATHI Vs. P L TIWARI

JUDGEMENT

(1.) The following order was passed by the State Consumer Disputes Redresal Commission Maharashtra on 15.11.1999.

(2.) Ms. Nishi Harischandra Tripathi has new filed an original petition before this Commission on the same cause of action. The opposite parties are-(1) Dr. P.L. Tiwari, Consultant Physician and Cardiologist, Bombay Hospital, (2) Bombay Hospital, Mumbai, and (3) Dr. Jamnadas C Patel, Consultant Physician. It has been stated that the cause of action in this case arose on 29.1.1986 when the complainant met Dr. PI Tiwari and also from 12.6.1986 to February, 1993 when she consulted Dr. Patel. The gist of the complaint is that the complainant-Ms. Nishi Harischandra was under treatment of Dr. P.L. Tiwari and she continued to take Equasesic tablet prescribed by Dr. Tiwari upto 15.4.1987. She had consulted Dr. Jamnadas C. Patel in the meantime on 12.6.1986 and she was advised to continue to take the same Equasesic tablet. One Dr. Ramakant Keni told her not to take the Equasesic tablet. She stopped taking this tablet after 15.4.1987 on the advice of Dr. Ramakant Keni. She went to New York for treatment and the view of Dr. Ramakant Keni was corroborated by the New York Hospital in 1988 and J.J. Hospital in 1998. She has alleged adverse effects in her system after taking Equasesic tablets for a prolonged period for which Dr. P.L. Tiwari and Dr. Jamnadas C. Patel were responsible. Ill effects of the medicine (Equasesic tablet) have been tabulated in the complaint as under:

(3.) We need not go into all these allegations because in our view the complaint is barred by limitation and also the principle of res judicata. The Consumer Protection Act, 1986 when originally passed did not prescribe any period of limitation for lodging complaints. The District Forum, State Commission as well as National Commission had adopted a period of three years as the prescribed period of limitation in consumer disputes, starting from the date of cause of action. This rule of limitation devised by the Consumer Courts was approved by the Supreme Court and was consistently followed. On 18.6.1993 by amendment Section 24A has been inserted in the Consumer Protection Act, 1986 by which period of limitation has been specifically provided :