PRASHANT HOSPITAL Vs. VINAYAK DAHIYA

JUDGEMENT

(1.) Heard the learned Counsel for the Appellant and perused the material on record inter alia the Impugned Order of the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as State Commission). The Order is reproduced as below:

(2.) Admittedly there was delay of 1034 days in filing the Complaint before the State Commission. We have perused the Application for Condonation of Delay wherein the reasons stated by the Complainant No. 1 are that he was under severe grief and mental shock due to death of his wife. He has to take care of newborn and one child left behind by his deceased wife.

(3.) It is evident from the record that the wife of Complainant No. 1 died on 1/1/2015. The Complainant No.1 alleged negligence of the Opposite Parties caused death of his wife. Therefore, initially for his legal remedy, he approached Criminal Court and the Professional Regulatory Body (PRB) i.e Delhi Medical Council (DMC) and Medical Council of India (MCI), which consumed period from 2/1/2015 to 25/1/2019. Then, the Complainant filed the Consumer Complaint before State Commission on 31/10/2019.