DR. B.R. AMBEDKAR HOSPITAL Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) This Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), has been filed by Dr. B.R. Ambedkar Hospital, Opposite Party No. 2 in the Complaint, against the order dated 30.05.2016, passed by the State Consumer Disputes Redressal Commission, Delhi (for short "the State Commission") in First Appeal No. 1075/14, preferred by the Opposite Parties, including the Petitioner herein. By the impugned order, the State Commission has declined to condone the delay of 1 year 2 months caused in filing of the Appeal and has consequently dismissed the Appeal as barred by limitation at the admission stage.

(2.) The Appeal, together with the Application, seeking condonation of delay, had been preferred by the Opposite Parties, questioning the correctness and legality of the order dated 21.08.2013, passed by the District Consumer Disputes Redressal Forum (V), North-West, Shalimar Bagh, Delhi (for short "the District Forum") in Complaint Case No. 1762 of 2007, preferred by the Respondent/Complainant. By the said order, the District Forum, while, inter alia, holding that the Petitioner was liable to compensate the Complainant, who was 45 years of age, for her miserable condition, inasmuch as her left hand/arm had been amputated, had allowed the Complaint and directed the Petitioner to pay to the Complainant a sum of Rs. 5,00,000/- as compensation for the disability suffered by her on account of wrongful and negligent treatment, besides Rs. 5000/- as litigation costs. The District Forum had also directed that in case the said directions were not complied with, within a period of 30 days from the date of the order, the said amounts would carry interest @ 10% p.a. from the date of the order till payment.

(3.) The occasion to file the Complaint arose under the following circumstances: