Haryana

StateCommission

A/1000/2015

ISHWAR SINGH - Complainant(s)

Versus

N.C.JINDAL INSTT. OF MEDICAL CARE AND RESEARCH CENTRE - Opp.Party(s)

BY POST

01 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      1000 of 2015

Date of Institution:        20.11.2015

Date of Decision :         01.03.2016

 

Ishwar Singh s/o Sh. Girdhari Singh, Caste Bhati (Rajput), Resident of Amarpura, Post Bhuwadi, Tehsil Rajgarh, District Churu (Rajasthan).

                                      Appellant/Complainant

Versus

1.      N.C. Jindal Institute of Medical Care and Research Centre, Model Town, Hisar, Haryana, through its M.D.

2.      Dr. Madhuri Mehta, M.s. (ENT) Surgeon, N.C. Jindal Institute of Medical Care and Research Centre, Model Town, Hisar, Haryana.

3.      National Insurance Company Limited, Branch Office, Hansi, District Hisar, through its Branch Manager.

                                      Respondents/Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Present:               Appellant in person.

Shri Amit Singla, Advocate for respondents No.1 and 2.

Shri Sidharth Nahar, Advocate for respondent No.3.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

          Ishwar Singh-complainant/appellant, was suffering some problem in his right ear. He visited N.C. Jindal Institute of Medical Care and Research Centre, Hisar-Opposite Party No.2, where he was medically examined by Dr. Madhuri Mehta-Opposite Party No.2. After conducting some tests viz HB, BT, CT etc, the opposite party No.2 advised operation. He was admitted in the hospital on June 29^th, 2004 and after obtaining consent of the complainant, the operation was conducted on July 1^st, 2004.  However, there was no relief to the complainant, rather he became hard of hearing. As per advice of the opposite party No.2, the complainant was again admitted in the hospital for second operation which was conducted on August 20^th, 2004. It was alleged that after second operation he was unable to hear and his right eye was also affected. The complainant, thereafter visited Geeta Nursing Home, Gurgaon and on being advised, he got conducted C.T. Scan from Suraj Diagnostic & Research Centre, Gurgaon. After perusing the report, the doctor told that wrong operation was conducted by the opposite party No.2. On 2.11.2004, the complainant visited Swai Man Singh Hospital, Jaipur, where he was examined by Dr. S.V. Srivastava and in that hospital operation of the right ear of complainant was conducted on November 3^rd, 2004. He was discharged on 07.11.2004. It was alleged that the doctors of Swai Man Singh Hospital, Jaipur, had told that the opposite party No.2 had conducted wrong operation due to which the complainant suffered problem.

2.      The complainant filed application before Permanent Lok Adalat, Churu, Rajasthan, which was got dismissed as withdrawn vide order dated May 27^th, 2011 (Exhibit C-22) with liberty to file case before the appropriate forum.

3.      The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 (for short ‘the Act’), before District Consumer Disputes Redressal Forum, Hisar (for short ‘the District Forum’), on August 11^th, 2011.

4.      The District Forum vide order dated October 20^th, 2015, dismissed the complaint observing that the cause of action had arisen on June 29^th, 2004, when operation was conducted by the opposite party No.2; the complaint was filed before the District Forum on August 11^th, 2011, that is, after about more than seven years and that too without seeking condonation of delay by way of an application as envisaged under Section 24A of the Act.  Hence, the instant appeal.

5.      It is admitted that the complainant received treatment from the opposite parties No.1 and 2 in July, 2004. He initiated litigation before Permanent Lok Adalat, Churu, Rajasthan, on March 13^th, 2005, which was dismissed as withdrawn on May 27^th, 2011, with liberty to file complaint before the appropriate forum. The complainant has mentioned this fact in para No.9 of the complaint. Except that he did not file specific application explaining the delay in filing of the complaint, he did mention in the complaint that he had filed a complaint before Permanent Lok Adalat, Churu, Rajasthan, which was got dismissed as withdrawn on May 27^th, 2011 with permission to seek remedy before the appropriate forum.  Copy of the order dated 27^th March, 2011 (Exhibit C-22) shows that permission was granted to file afresh. The District Forum did not take steps to condone the delay and dismissed the complaint.

6.      In Revision Petition No.2360 of 2012, Smt. Nirmla Devi vs. Dr. Sharda Dabas and others, decided on December 5^th, 2014, Hon’ble National Commission, while relying upon the judgment of Hon’ble Supreme Court, held that the delay should be condoned, as under:-

“5.     In a case filed U/s 24(A), the Apex Court came to the conclusion in the case titled as Santosh Goyal Versus Union of India & Ors in Special Leave to Appeal (Civil) no(s).12199/2013, that it is the suo moto power of the Commission to condone the delay.

6.      Under these circumstances, we find that the delay should be condoned because the case of the petitioner appears to be quite arguable. We accept the Revision Petition and remand the case back to the State Commission to decide the case on merits”.

7.      In the instant case, the complainant has well explained the circumstances for filing complaint before the District Forum after a period of six years.

8.      In view of the above, the appeal is allowed, the impugned order is set aside. The delay in filing of the complaint is condoned. The case is remanded to the District Forum, Hisar, to decide it afresh on merits with the direction to decide it within three months from the date of appearance of the parties/receipt of the copy of this order.

9.      The parties are directed to appear before the District Forum, Hisar, on March 21^st, 2016.

 

 

Announced 01.03.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL