WOCKHARDT HOSPITAL LTD Vs. ANIL GUPTA

JUDGEMENT

(1.) The appellant/Wockhardt Hospital Ltd. has filed first appeal No. 790 of 2017 passed in Consumer Complaint No. 44 of 2014 by Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Nagpur (in short, 'the State Commission') and prayed for setting aside the order dated 25.10.2016 in toto and also for stay of the proceedings before the State Commission as the State Commission has not granted extension of time to file the reply to the questonaire addressed to Dr. Devik Mittal and Dr. Saurabh Bilala, Neurosurgeon, the doctors working with OP/Hospital whereas, the complainant/Anil has filed appeal No. 2461 of 2017 against the order dated 10.08.2017 passed in the same complaint by the State Commission wherein the State Commission rejected the application of the appellant/complainant for grant of permission to submit additional questionnaire to the administrative officer of the respondent/hospital.

(2.) I have heard the learned counsel for both the parties. It is transpired that this is the case of alleged medical negligence and due to unnecessary technicalities, the matter is lingering for the last 1½ years (25.10.2016) and matter is delayed for adjudication.

(3.) I have perused the application for grant of permission to submit additional questionnaire to the Administrative Officer of OP/Hospital, filed by the complainant. Learned counsel for the complainant submits that the questions are material to the instant case. He further asserted that he will not press question No. (iv) (v) (vi) and (vii) and answers to the remaining questions are necessary from the concerned administrative officer. Moreover, in the appeal No. 790 of 2017, the State Commission has not allowed the extension of time to file the reply to the questionnaire addressed to Dr. Devik Mittal and Dr. Saurabh Bilala. The counsel for the complainant agreed and there is no objection to take those answers on record after delay.