PADMASHREE HOSPITAL & 2 ORS Vs. AMRISH NANDA

JUDGEMENT

(1.) The petitioner/OP filed this Revision Petition against the order dated 08-02-2017 passed by the State Consumer Disputes Redressal Commission Maharashtra (for short "the State Commission") in Revision Petition No.RV/15/174 wherein it upheld the decision of District Forum which condoned the delay of 382 days in filing the complaint.

(2.) Brief facts are that the complainant filed a complaint under Section 12 of the Consumer Protection Act, 1986 for causing medical negligence to the complainant before the District Forum, Thane. The complaint was not filed within the period of limitation. The complainant has filed application for condonation of delay along with the complaint. The reasons for delay were also explained that, he was admitted in OP hospital on 14-08-2010 and remained there till 19-08-2010. Thereafter, in critical condition he was shifted to Jupiter Hospital and remained there till 28-08-2010. After discharge, he was taking treatment as out door patient (OPD) in Jupiter Hospital. He was declared fit to attend duties from 16-11-2010 and, accordingly, he joined the duty on 17-11-2010. Again, on 17 & 18-11-2010 he underwent few tests, and took medical leave from 19-11-2010 to 17-06-2011. While taking treatment he developed some urinary problems and, took further medical treatment. According to the complainant, the cause of action had arisen on 14-08-2010, but he could not file the consumer complaint within two years. Thus, the delay of 382 days occurred, because of his illness and prayed for condonation of delay.

(3.) The OPs resisted the application for condonation of delay and challenged the maintainability of the complaint, stating that the delay had not been properly explained by the complainant. As complainant was already declared fit, therefore, he joined his duty from 17-11-2010 and took OPD treatment. Therefore, the reasons cited for huge delay in filing the complaint after considerable time should not be accepted.