MEDICAL SUPERINTENDENT, BABASAHEB AMBEDKAR MEMORIAL HOSPITAL & ANR ; A SAXENA (NOW RETIRED) GYNAECOLOGIST, BABASAHEB AMBEDKAR MEMORIAL HOSPITAL Vs. MANJERI SINHA

JUDGEMENT

(1.) This appeal is directed against the order dated 30-06-2015 whereby the appellants were directed to pay a sum of Rs.10,00,000/- as compensation to the respondent/complainant along with interest and cost of litigation.

(2.) A perusal of the record would show that a consumer complaint alleging negligence on the part of the appellants in delivery of a baby by respondent-Manjeri Sinha was filed before the State Commission sometime in the year 2001. It is admitted in the synopsis filed by the appellants that after filing of complaint notice was served upon the appellants in the year 2001. It is an admitted position before us that no written version by the appellants was filed before the State Commission. The written version ought to have been filed within 30 days of receipt of notice or it could have been filed within 15 days, thereafter, subject to condonation of delay by the State Commission. Admittedly, the written version was not filed not filed till the time the complaint came to be decided. The learned counsel for the appellants seeks an opportunity to file the written version. However, considering that the appellants had as many as 14 years to file the written version after receipt of notice from the State Commission, we find no justification for condoning such an inordinate delay and, consequently, the request is declined.

(3.) The parties shall appear before the State Commission on 20-02-2018.