S ASHOK Vs. K SHANTHI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 6.11.2013 passed by the Tamilnadu State Consumer Disputes Redressal Commission, Chennai (in short, 'the State Commission') in MP No. 213/2012 in CCSR No. 1282/2012 Mrs. K. Shanthi Vs. Dr. S. Ashok by which, while dismissing appeal, order of District forum dismissing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent approached OP/petitioner on 15.5.2006 for surgery through laparoscopic procedure, but OP committed negligence in surgery leaving some gall bladder. Again, stones were found due to which, complainant suffered severe abdomen pain and she had to undergo second surgery at Apollo Hospital on 21.8.2012. Alleging deficiency on the part of OP in partial removal of gall bladder filed complaint before learned State Commission along with application for condonation of delay. OP resisted application and submitted that surgery was performed on 15.5.2006 with due care and caution. It was further submitted that complaint is belated by more than 4 years and prayed for dismissal of application. Learned State Commission after hearing both the parties, allowed application and condoned delay against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.