LAWS(NCD)-2014-9-20

SUDHA SHROTRIA Vs. FORTIS HEALTHCARE LIMITED

Decided On September 12, 2014
Sudha Shrotria Appellant
V/S
Fortis Healthcare Limited Respondents

JUDGEMENT

(1.) Counsel for the complainant present. Arguments heard. The complainant has filed an application for condonation of delay. It is not mentioned that when the cause of action had arisen. On 05.02.2008, Smt. Sudha Shrotria filed a complaint on the same cause of action on the unfair trade practices etc. under MRTP Act (since repealed) before the MRTP Commission (RTPE No. 4/2008). Thereafter, the proceedings were transferred to the Competition Appellate Tribunal. On 02.12.2013, the complainant moved an application for withdrawal of this case. The Hon'ble Chairperson, Competition Appellate Tribunal passed the following order:-

(2.) This is a case of medical negligence. It is explained that the Complainant had spent 5 years, 10 months, 27 days in the above said tribunals. The present matter falls within the purview of the Section 14 of the Limitation Act. It is explained that the said delay should be condoned.

(3.) We have heard the counsel for the complainant at length. There is no problem in condoning the delay before the MRTP and Competition Appellate Tribunal. The complainant is entitled to have condonation of that delay.