NCDRC

NCDRC

CC/246/2011

ISHWARI DEVI MAKHIJA - Complainant(s)

Versus

RAMKRISHNA CARE HOSPITAL & ANR. - Opp.Party(s)

MR. SOUMITRA CHATTERJEE, Advocate

09 Jan 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
CONSUMER CASE NO. 246 OF 2011
 
1. ISHWARI DEVI MAKHIJA
Wife Of Kirori Mal Makhija Through Her Constituted Attorney Resident Of:- 29 A, Maruti Residentcy Amlidih, Raipur,
Chhattisgarh
...........Complainant(s)
Versus 
1. RAMKRISHNA CARE HOSPITAL & ANR.
Through Its Administrator Aurobindo Enclave Pachpedl Naka, Dhamtari Road National Highway 43 Raipur,
Chhattisgarh - 492 001
...........Opp.Party(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Complainant :MR. SOUMITRA CHATTERJEE, Advocate
For the Opp.Party :NEMO

Dated : 09 Jan 2012
ORDER

After arguing the matter for some time on the question of maintainability of the present complaint before this Commission, learned counsel representing the complainant seeks to withdraw the present complain with liberty to file the complaint before the appropriate State Commission provided the aspect of limitation is duly taken care of. As per the averment and allegations made in the complaint, the cause of action for filing the complaint firstly arose in Oct. 2009 and when the complainant mother approached the opposite party for treatment and on subsequent dates and lastly when the notice was issued on 23.12.2009 seeking compensation. The present complaint was filed before this Commission on 21.10.2011, i.e., within two years of the date from which cause of action first arose for filing the present complaint. In view of this factual and legal position we dismiss the present complaint with the liberty to the complainant to file fresh complaint before the Chhattisgarh State Consumer Disputes Redressal Commission at Raipur after duly amending the same and after claiming total compensation not exceeding Rs.1 crore. We grant four weekstime to the complainant to file the amended complaint before the Chhattisgarh State Commission. If the complaint is filed within stipulated period the same shall be entertained and no objection in regard to the limitation shall be raised. The complaint as such is dismissed as withdrawn.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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