At the outset, learned Counsel appearing for Santokba Durlabhji Memorial Hospital and Medical Research Institute and the treating Doctor in First Appeal No.320 of 2011 prays for adjournment on the ground that the Appellants in the said Appeal propose to move an appropriate application for leading additional documentary evidence.  Learned Counsel submits that though in the affidavit filed by way of evidence, there was an averment to the effect that all the documents regarding the treatment, such as bed head ticket, test report etc., prepared by the Hospital, would be produced before the State Commission but at the time of final hearing, the said documents were not available with the State Commission, as the same were not filed.  According to the learned Counsel, the document, which are now proposed to be filed, were placed before the Medical Board, which had given its opinion, in terms of the reference made by the State Commission vide order dated 13.04.2010.

Having heard learned Counsel for the parties, we are of the view that instead of permitting the Appellants in First Appeal No. 320 of 2011 to file additional documents in these proceedings, it would be appropriate and expedient to allow them to file such documents before the State Commission, after the Complaint is restored for fresh adjudication.  Since the stand of the Complainant is that except for affidavit of the treating Doctor, no other document was placed before the Medical Board by the said Appellants, it will be open to the Complainant to raise the question of admissibility of the additional documents, proposed to be filed by the said Appellants.  If such an objection is raised, the State Commission shall decide the issue in accordance with law. 

Accordingly, we dispose of both the Appeals and, with consent of Counsel for the parties, restore the Complaint to the board of the State Commission for fresh adjudication, after granting an opportunity to the Hospital and the treating Doctor to file additional documents, in terms of the above permission.  Since the Complaint was filed as far back as in the year 2003, the additional documents shall be filed by the Hospital within four weeks from the date of receipt of a copy of this order.  Objections, if any, to the application, seeking permission to file additional documents, shall be filed by the Complainant within two weeks thereof.  We request the State Commission to take its final decision in the Complaint as expeditiously as practicable and, in any case, not later than six months from the date of receipt of a copy of this order.

Vide order dated 30.09.2011, this Commission had directed the Appellants in First Appeal No. 320 of 2011 to deposit in the State Commission the entire decretal amount, as awarded by the State Commission, as a pre-condition for stay of the execution proceedings.  It is stated that the said amount has since been deposited.  If that be so, it will be open to the Complainant to withdraw the said amount by filing an affidavit in the form of an undertaking that he will refund the same, if so directed by the State Commission at the time of final disposal of the Complaint.

Both the Appeals stand disposed of in the above terms.  However, we direct the Hospital to pay to the Complainant a sum of ₹25,000/- as costs for defending the Appeal filed by it.  The costs shall be paid before the State Commission. 

The statutory amount deposited by the Hospital at the time of filing the Appeal shall be transferred to the Consumer Legal Aid Account – NCDRC. 

The parties/their Counsel are directed to appear before the State Commission on 23.12.2016 for further proceedings.        

Dasti.