DR. S. M. KANTIKAR, MEMBER

1.       The OP/Apollo Hospital filed this revision petition under Section 21(b) of the Consumer Protection Act, 1986 against the order dated 21.12.2016 passed by Telangana State Consumer Disputes Redressal Commission, Hyderabad in I.A. No. 158 of 2015 in CCSR No. 469 of 2015 whereby the State Commission allowed the application for condonation of delay of 210 days, subject to payment of cost of Rs. 2,000/- to be paid to the Bar Association by the complainant and condoned the delay. 

2.       Heard learned counsel for the petitioner.  She submitted that the complainant filed a complaint of alleged medical negligence after a delay of 210 days alongwith I.A. No. 158/2015.  The State Commission allowed the I.A. and sympathetically condoned the delay of 210 days in filing the complaint and the matter was posted for filing the written version of the OP.  Even on the merits, there was no deficiency on the part of the OP. 

3.       We have perused the material on record and gave our thoughtful consideration to the arguments advanced by the petitioner.  In the instant case, the complainant took initial treatment from OP/hospital during 17.07.2012 to 27.10.2012 and thereafter suffered MRSA-the hospital infection.  Therefore, the complainant alleged that it was due to medical negligence of the hospital. The doctors at Apollo Health City Campus/OP 3 diagnosed the problem of complainant as “SEPTIC SHOCK ? MRSA OSTEOMYEILTIS OF SCALP” and treated him from 18.4.2013 and discharged on 1.5.2013.  The instant complaint was filed before the State Commission on 31.3.2015.  Therefore in our considered view, the cause of action was aroused on 1.5.2013 i.e. on the date of discharge.  Thus, the complaint was filed within the limitation period of two years as per Section 24-A of the Consumer Protection Act, 1986

4.       On the basis of discussion above, the first appeal is hereby dismissed.  The parties to appear before the State Commission for further proceedings on 14.11.2017.