MAURICE DUMPY Vs. HANDE HOSPITAL

JUDGEMENT

(1.) This petition has been filed under Sec.24 (a) (2) for condoning a delay of 1087 days in filing a complaint. The complaint has been filed by legal representatives of one lady who died during the course of an operation performed on her by the opposite party doctors on 20.9.1990. According to the complainants they filed O. S. No.208/91 against the opposite party for compensation with an application to permit them to sue as indigent persons but that application was dismissed. The matter was taken on appeal in O. S. A. No.78/96. At that time the Supreme Court rendered a judgment holding that the medical service is also included in the definition of service under Sec.2 (1) (o) of the Consumer Protection Act. Thereupon the petitioner wanted to file a complaint in the Consumer Court and they sought permission of the High Court for the same. The permission was granted and now the complaint has been filed, but by the time the complaint was filed there occurred a delay of 1087 days and this delay is not due to the fault of the complainants and hence it deserves to be condoned.

(2.) The opposite parties contested the complaint contending that the complainants have not shown sufficient cause for the inordinate delay in filing the complaint and therefore the complaint is liable to be dismissed.

(3.) The point that arises for consideration is whether the complainants have shown sufficient cause for the long delay of 1087 days in filing the complaint.