ORDER

21.11.2024

Sh. Sanjay Kumar, President

1. The factual matrix of the present case is that complainant sustained injuries in his both legs and went to clinic of OP1 on 11.06.2021 for medical treatment. It is stated that OP1 advised for x-ray of both legs and opinied that plate would be inserted on his right leg and rod would be inserted on his left leg and complainant was admitted at OP2 hospital for 11.06.2021 to 16.06.2021.
2. It is stated that after operation screws were inserted in the both legs of the complainant but no plate was inserted, therefore, complainant remain in pain continuous pain even after discharge. It is further stated that complainant again visited OPD of OP2 hospital and after check up the doctor advised for x-ray and after x-ray doctor told that a big mistake has been done as wrong screw was inserted in both legs by the doctor and entire medical team and thereafter complainant again admitted in hospital on 06.08.2021 to 08.08.2021 and undergone reoperation to cure the medical negligency of wrong operation.
3. It is stated that complainant was operated and screws were removed from his legs and complainant received the relief but still pain exists in the leg of the complainant and complainant become permanently handicapped. It is stated that doctors and medical team kept all medical documents and returned to complainant only 2-4 papers and ousted the complainant forcibly from the office. It is stated that now complainant is taking physiotherapy regularly for his pain.
4. It is stated that complainant has become handicapped permanently for whole life and a legal notice was sent on 25.11.2023. It is stated that complainant runs from pillar to post for refund of medical expenses as well as for compensation but OP1 and 2 deliberately with malafide intention making false excuses and failed to refund the amount. It is stated that complainant suffered mental shock, trauma, harassment and monitory loss.
5. The complainant is seeking refund of Rs.50,000/- alongwith interest @ 18% per annum towards medical expenses, Rs.19,00,000/- as compensation on account of monitory loss, mental shock, pain, trauma, agony, and permanent disability and Rs.1,00,000/- litigation charges.
6. The complainant filed an application for condonation of delay in filing the present complaint. It is stated that the complainant was in financial crisis and reply to the legal notice dated 25.11.2023 was received in January 2024, therefore, present complaint filed on 28.08.2024. It is stated that the delay may be condoned.
7. We have heard Ms. Nisha counsel for complainant and perused the record.
8. It is admitted by complainant that the alleged treatment was taken lastly on 06.08.2021 to 08.08.2021. The present complaint filed on 23.08.2024. The limitation as per section 69 of CP Act, 2019 is provided as under:-

Section 69. Limitation period

1. The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
2. Notwithstanding anything contained in sub-section (1),  a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission,  the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

Provided that no such complaint shall be entertained unless the District Commission or the State Commission or the National Commission, as the case may be, records its reasons for condoning such delay.

9. Now applying the above provision in the present facts and circumstances of the case the limitation of two years expired on 07.08.2023. The complainant even sent a legal notice on 25.11.2023 after three months of expiry of limitation period. The sending of legal notice and receiving of reply does not extend the limitation period. The cause mentioned by complainant in the application does not constitute sufficient cause for condonation of delay.
10. On the basis of above observation and discussion present complaint is barred by limitation, therefore, dismissed. File be consigned to record room.
11. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  21.11.2024.

       SANJAY KUMAR                 NIPUR CHANDNA                       RAJESH

       PRESIDENT                             MEMBER                                MEMBER