ST STEPHENS HOSPITAL Vs. SUNIL KUMAR SINGH

JUDGEMENT

(1.) Aggrieved by the order dated 11.03.2019 in Consumer Complaint No. passed by the State Consumer Disputes Redressal Commission, Delhi (in short the State Commission ), St. Stephens Hospital filed the present First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short the Act ). By the impugned order the State Commission has observed that the order dated 05.11.2009 passed by it permitting the filing of the reply was a nullity in view of its earlier order dated 06.10.2009.

(2.) On 13.03.2009, the brief facts material to this Appeal are that the Complainant preferred a Complainant against the Appellant herein (arrayed as Opposite Party No. 1 in the Complaint) and Respondent No. 2 herein (arrayed as Opposite Party No. 2 in the Complaint) alleging medical negligence in the treatment of his son. Notice in the said Complaint was issued to the Appellant on 08.04.2009. On 19.05.2009 the State Commission directed that the copy of the Complaint be supplied to the Appellant and the same was supplied. On 04.09.2009, the State Commission granted last opportunity to the Appellant to file their reply, within two weeks, subject to payment of costs failing which the right of filing the Written Statement by the Appellant would be closed. The matter was then adjourned to 06.10.2009.

(3.) When the matter was taken up on 06.10.2009, none appeared for the Opposite Parties and the State Commission has passed the following order:-