DHARMBIR Vs. AKHIL SAXENA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the State Commission, Haryana at Panchkula dated 11 -02 -2014 whereby the said Commission dismissed the appeal filed by the complainant/petitioner against the order of the District Forum dated 31 -07 -2013, dismissing his application under Section 24A(2) of the Consumer Protection Act, 1986 for condonation of delay in filing the complaint and accordingly dismissed the complaint as barred by limitation.

(2.) THE case of the complainant is that his wife, Anita, was taken to Rai Hospital at SonIpat on 24 -10 -2000 with complaint of stomachache and referred to respondent No. 1, Dr. Akhil Saxena who referred her to Sunder Lal Jain Hospital at Delhi. Initially she was taken to Jaipur Golden Hospital where the petitioner was asked to deposit Rs. 10,000/ -, but, since he did not have sufficient funds with him he took his wife to Sunder Lal Jain Hospital where she breathed her last. Alleging negligence in her treatment, complaint came to be filed on 24 -11 -2004, after more than four years of the death of the complainant's wife.

(3.) BEING aggrieved from the aforesaid order of the District Forum, respondent No. 2 preferred an appeal before the State Commission. Having noticed that the cause of action had arisen on 24 -10 -2010 and the complaint been filed on 24 -11 -2004, the State Commission set aside the order of the District Forum and remanded the matter back to it, for deciding the application which the complainant had filed under Section 24A(2) of the Act.