Sh. Sanjay Kumar, President

1. The present complaint filed seeking Rs.16,15,995/- cost of entire treatment, Rs.10,00,000/- towards future medical expenses, Rs.50,00,000/- towards intense pain and suffering, Rs.50,00,000/- towards pain, suffering, mental agony and harassment, Rs.5,00,000/- towards cost of miscellaneous expenses, Rs.5,00,000/- legal expenses and total Rs.1,36,15,995/- alongwith interest @ 12% per annum from OP1 and 2 jointly and severally for alleged culpable medical negligence and deficiency in service.
2. The complainant alleged that she is a US citizen and came to India in August 2019 for cornial transplant for both damaged eyes. It is stated that complainant was a male who a experiencing a dysphora (gender identity disorder) in sexuality and wanted to undergo surgery for sex change male to female gender transition as she was already on hormone therapy since 2010. It is stated that on 17.01.2020 OP1 falsely mentioned “no urinary/bowel troubles”. It is stated that complainant has undergone a rigorous 7.5 hours long sigmoid colon graft surgery on 23.01.2020 and remained in hospital for 40 days with 30 days of post surgery and discharged on 04.03.2020. It is stated that complainant left India in March 2020.
3. It is stated that complainant again came to India in March 2023 and underwent a Neo-Baginectomy Surgery at Fortis Hospital Delhi. The complainant alleged that OP1 and 2 grossly failed to abide by the set standards of care and mismanagement and there negligence at every step led present medical state. The complainant further alleged that due to mismanagement, gross culpable negligence, carelessness and deficiency in service caused by OP1 and 2.
4. The present complaint application is accompanied with an application under section 151 of CPC seeking condonation of delay in filing present complaint. The complainant alleged that the corona virus pandemic and threats given by OP1 and refusal to perform follow up surgery and her financial condition did not allow her to revisit India. The complainant stated that the period from 15.03.2020 till 28.02.2022 shall be excluded from the period of limitation and the balance of period remaining as on 03.10.2021 shall become available w.e.f 01.03.2022. As per order dated 10.02.2021 of Hon’ble Supreme Court of India it is stated that the period of limitation for filing the present case as per the directions of Hon’ble Supreme Court there is delay of only 106 days. It is stated that the delay is neither intentional nor deliberate but due to bonafide reasons. The complainant is seeking condonation of delay of 106 days in filing the present complaint.
5. We have heard Ms. Divya counsel for complainant and perused the record.
6. The complainant is resident and U.S. National and alleged that she has undergone treatment of Sigmoid Colon Vaginoplasty (Sex Reassignment Surgery) as already on Hormone Therapy since 2019 for male to female gender transition. As per medical documents filed on record on 17.01.2020 complainant visited OP1 and 2 for treatment and the medical sheets shown the treatment upto 13.02.2020 and discharged on 04.03.2020 and left the India. The complainant alleged that in January 2023 she again returned to India and planned small facelift and vagina removal surgery but OP1 demanded additional amount of $ 7000/- although in January 2020 $ 10,000/- were already paid. Thereafter complainant undergone surgery at Fortis Hospital for removal of Vagina. In March 2023 the complainant alleged medical negligence on the part of OP1 and 2. It is admitted by complainant that OP1 and 2 conducted treatment from January 2020 to March 2020.The complainant alleged that due to Corona virus she could not came to India although suffered due to the medical negligence of OP1 and 2. It is admitted by complainant that she visited India in January 2023. The present complaint filed on July 2024 after 17 months since January 2023.The complainant has not given any sufficient reason or cause for delay of almost 28 months. We have also considered the judgment of Hon’ble Supreme Court whereby limitation period was condoned due to Corona pandemic even then after excluding the relevant period present complaint is beyond limitation period. Therefore, applying the section 69 C.P Act, 2019 and judgment of Supreme Court Writ Petition (Civil) No. 3/2020 dated 23.03.2020 suo moto cognizance on limitation present complaint is barred by limitation, therefore, application for condonation of delay is dismissed and also complaint is dismissed as barred by limitation. File be consigned to record room.
7. 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  04.10.2024.

SANJAY KUMAR                 NIPUR CHANDNA                       RAJESH

       PRESIDENT                             MEMBER                                MEMBER