SUKHVIR SINGH Vs. MUNI LAL CHOPRA HOSPITAL

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 21.1.2014 passed by the Punjab State Consumer Disputes Redressal Commission, (in short, 'the State Commission') in Consumer Complaint No. 82/2009 Mr. Sukhvir Singh Vs. Muni Lal Chopra Hospital & Ors. by which, complaint was dismissed as barred by limitation.

(2.) Brief facts of the case are that complainant/appellant's mother Mrs.Parkash Kaur was shifted for treatment to Muni Lal Chopra Hospital on 4.1.2002 and was kept in ICU for treatment and after few days she was shifted to normal room. On 15.1.2002, his mother complained breathlessness, but doctor did not attend and she went in Coma on 16.01.2002 and ultimately died on 22.1.2002 due to gross negligence on the part of OP/respondent. Complainant filed writ before Hon'ble Delhi High Court which was disposed of by giving opportunity to the Complainant to file complaint and he filed complaint before National Consumer Disputes Redressal Commission which was dismissed as withdrawn with liberty to approach appropriate Forum and after giving legal notice dated 27.3.2009 and 21.4.2009, complaint was filed before State Commission claiming compensation. OPs resisted complaint and submitted that complaint was not maintainable as barred by limitation and non-joinder of necessary parties. Deficiency in service was denied and prayed for dismissal of complaint. Learned State Commission after hearing both the parties dismissed complaint as barred by limitation against which, this appeal has been filed.

(3.) Heard learned Counsel for the appellant at admission stage and perused record.