P SATHISH REDDY Vs. SHANTHA BAI

JUDGEMENT

(1.) This Revision Petition No.2131 of 2019 has been filed by the petitioner/appellant/OP3-Dr. P. Sathish Reddy challenging the order of the Telangana State Consumer Disputes Redressal Commission, Hyderabad (State Commission, hereafter) dated 23.07.2019 in I.A. No.1186 of 2018 in F.A. No.488 of 2018. Vide this order, the State Commission had disallowed the I.A. No.1186 of 2018 and consequently, the appeal had also been dismissed. The impugned order of the Stated Commission dated 23.07.2019 is as below: "This petition is filed by the Petitioner / Appellant under Section 13(3) (B) of Consumer Protection Act, 1986 may be pleased to condone the delay of (685) days in filling the present appeal in this Hon'ble Commission and pass such other order or order's as this Hon'ble Commission may deem fit and proper in the circumstances of the case. Today also no representation for the Petitioner even though the matter is posted under the caption of dismissal. R1 present. Hence, the application is dismissed for non-prosecution. Consequently, the appeal is dismissed."

(2.) Facts of the case are, very briefly, that respondent no.1/ complainant-Smt. Shantha Bai (complainant hereafter) had filed a Consumer Complaint No.699 of 2013 against, inter-alia, OP 2- BBR Multi Speciality Hospital and OP 3-Dr. P. Sathish Reddy. After affording opportunity to all the parties, the District Forum had allowed the complaint in part and held OP 2 and OP 3 jointly and severally liable for mental agony and thereafter awarded a reasonable compensation to the complainant. The operational part of the District Consumer Disputes Redressal Form-III, Hyderabad (District Forum, hereafter) order dated 20.09.2016 is as below:

(3.) The grounds taken on behalf of the petitioner/OP3 in this revision petition and during arguments are that the District Forum had proceeded to pass its order without serving notice on OP 3 and thereby denying him opportunity of being heard to represent his case. Further, once OP 3 came to know, (E.A. No.16 of 2017 was noticed to him on 16.8.2017), he filed an application before the District Forum for recall of the order of the District Forum. However, the same was not entertained. He thereafter approached the Hon'ble High Court at Telangana in W.P. No.32117 of 2017 whereupon he was directed to file an appeal before the State Commission. His appeal, F.A. No.488 of 2018, was accordingly filed, along with I.A. No.1186 of 2018 seeking condonation of delay of 685 days in filing the appeal. It is this I.A. and the appeal which has been dismissed by the State Commission vide the impugned order (supra).