Order below MA/22/06 in CC/103/22

Per M.P.Kasar Member

1. It is stated by the complainant that, complainant is engaged in a small business of providing auto rickshaw & opposite party is an Ophthalomologist /eye surgeon.  It is stated that complainant has filed the complaint case against the opposite party for the improper treatment and wrong injection and operation performed by the opposite party on the right eye of the complainant and due to this right eye of complainant was completely crippled and became a 100% blind from right eye. Complainant is senior citizen and complainant was under great mental pressure and financial difficulties and due to all this the serious question of survival of his family has now been raised.  So delay in filing the present complaint is neither deliberate nor intentional on the part of complainant hence according to the complainant delay of 100 days in filing of complaint case can be condoned in the interest of justice.
2. Notice served by complainant by hand upon opposite party with permission of this commission.  Service affidavit in regard this has been filed by the complainant on record and vides dated 28/06/2022 notice has been served on opposite party by hand to son of opposite party Mr.Chandan Pandit.  We held service is proper and despite service opposite party failed to appear.  Hence ex-party  proceeding against opposite  party on MA passed vide dated 30/09/2022.
3. Heard Adv.Khopkar for complainant.  Perused application to decide application on merit we frame issue as follows :-
103606587. ISSUES

           No	Issues	Findings
           	Can delay condoned ?	Yes
           	What an order	Application allowed

4. As to issue No.1 & 2 :-   It is noted from the perusal of complaint case that, as per instructions of Dr.Pandit took the complainant at operation theatre to perform an operation on right eye in month of January 2020 & according to the complainant cause of action arose  till 22/01/2022 but complainant could not lodge complaint within a period. It is stated that it also not filed because continuous communication was going on with various authorities by the complainant and hence delay caused to file present complaint of 100 days.

Section 69 (2)of Consumer Protection Act says that , Notwithstanding anything contained in sub section (1) ,a complaint may be entertained after the period specified in sub section (1),if the complainant satisfied the district commission that he had sufficient cause for not filing the complaint within such period’.

Thus this sub section empowers this commission to condone delay if complainant satisfies that he had sufficient cause for not filing present complaint within stipulated period.

From the perusal of application and reasons mentioned there in we are of the opinion that complainant has some causes which can be treated as reasonable.So delay of 100 days according to the complainant for filing present complaint can be condoned in the interest of justice and for deciding the matter on merit. Hence we answer issue No.1 & 2 as Yes and pass order as follows:-

                                              ORDER

1. MA-22/06  in CC/22/103  is hereby allowed.
2. Delay of 100 days for filing present complaint case No.22/103 is hereby condoned.
3. No order as to cost.