SAROJ BHANDARI Vs. N S AHALUWALIYA

JUDGEMENT

(1.) This is an original complaint filed by the complainantsmt. Saroj Bhandari w/o Shri Rajendra Bhandari against the opposite parties who has claim compensation of Rs.10 lacs for deficiency in service alleged against the Medical Practitioners who are in the array of parties as opposite parties Nos.1 to 4.

(2.) On 26.4.1986 the complainant approached opposite party No.2-Dr. Kumud Bhagwat for treatment of her complaint of pain in the abdomen. The opposite party No.2 got the complainant admitted in the Nursing Home belonging to opposite parties Nos.3 and 4 on 27.4.1986 for treatment of the complainant. After diagnosis, the complainant was operated for appendicitis and ectopic pregnancy by opposite party No.2, assisted by opposite party No.3 and anaesthetistopposite party No.1. It is alleged by the complainant that the complainant had cardiac arrest during and after the operation and as a result of low supply of oxygen, the complainant's mind was affected. It appears that subsequent to 27.4.1986 the complainant sustained hip joint dislocation. The complainant has filed this complaint on 4.12.1993 that is more than 7 years after the surgical operation performed by opposite party No.2 on 27.4.1986. This case was listed for hearing on 10.3.1997 when the learned Counsel for the opposite parties stated that this complaint is hopelessly barred by time and that they have taken the plea in this behalf in their respective statements in answer to the complaint. They, therefore, prayed for commencing the yearing with submissions of theirs on the question of limitation.

(3.) Learned Counsel for the complainant prays for adjournment for an opportunity to file an affidavit stating that the question of limitation could be debated properly only after filing the affidavit. The time was allowed to the complainant for filing affidavit and the complainant filed an affidavit of the father of the complainant-Shri Shantilal Jain on 1.5.1997 and this case was heard on the question of limitation on 7.5.1997 and 19.5.1997.