KAUSHIK CHAKRABOPTY Vs. GITA ROY

JUDGEMENT

(1.) The present Appeal is filed by the Appellant under Section 19 of the Consumer Protection Act, 1986 against Order passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as the "State Commission") in Complaint No. 71/2019 dated 26.12.2019.

(2.) The Complainant's husband was admitted in the hospital/Respondent No.2 on 18.10.2014 and was discharged on 28.12.2014. Later on 16.12.2014 he died and hence the Complaint was filed alleging medical negligence in the State Commission, Odisha on 16.05.2016 within the period of limitation. This Complaint was dismissed by the State Commission, Odisha for want of territorial jurisdiction, vide order dated 31.08.2018. Thereafter Respondent No.1/Complainant filed a Consumer Complaint CC/71/2019 before the State Commission West Bengal with the prayer to condone the delay of 120 days from the date of the order of the State Commission, Odisha. The main ground taken by the Complainant was that the time taken by the Court where the case was filed without jurisdiction be excluded from the period of limitation. This was contested by the Opposite Parties before the State Commission, as also the inclusion of the Appellant/Opposite Party No.3 who was not included in the Complaint filed before the State Commission, Odisha. State Commission, West Bengal considered the application for condonation of delay in filing the complaint case and allowed the same and admitted the Complaint case for disposal on merits. The State Commission also observed that when a Complainant seeks to rectify the defect in the complaint by impleading any person as a party, such a right cannot be denied.

(3.) Heard the Learned Counsel for the Appellant and have also carefully gone through the record.