PARWATI SAHU Vs. DR. S. JANA

JUDGEMENT

(1.) This Revision Petition has been filed, under Sec. 21(b) of the Consumer Protection Act, 1986 (for short 'Act,1986') against the Order dtd. 13/6/2016 passed by the Chhattisgarh State Consumer Disputes Redressal Commission, Pandri, Raipur (hereinafter referred to as the 'State Commission') in FA/16/125, whereby the Appeal filed by the Respondent / OP was allowed and the Order passed by the District Consumer Disputes Redressal Forum, Durg (hereinafter referred to as the 'District Forum') was set aside and the Complaint was dismissed as time barred.

(2.) The District Forum, Durg held the OPs liable for medical negligence causing death of Complainant's son. It allowed the Complaint and directed the OPs to pay Rs.15.00 lakh jointly and severally with the interest at the rate of 12% interest from the date of filing of the Complaint and also allowed Rs.4.00 lakh towards mental agony and Rs.5,000.00 as litigation cost.

(3.) Being aggrieved, the OPs filed the first Appeal before the State Commission; it was allowed and dismissed the Complaint on the ground of beyond limitation. The relevant observation of the State Commission (actually in Hindi -English translation was filed) is reproduced as below: