NCDRC

NCDRC

RP/1012/2010

NEW INDIA ASSURANCE CO. LTD. - Complainant(s)

Versus

SIR GANGA RAM HOSPITAL - Opp.Party(s)

DR. SUSHIL KUMAR GUPTA

12 May 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1012 OF 2010
(Against the Order dated 10/02/2010 in Appeal No. 928/2009 of the State Commission Delhi)
1. NEW INDIA ASSURANCE CO. LTD.Delhi Regional Office - I, Jeewan Bharathi Building Connaught CircusNew Delhi - 110001Delhi ...........Petitioner(s)
Versus
1. SIR GANGA RAM HOSPITALThrough its Director Medical (Off.), Dr. V.K. Kapoor, Rajendra NagarNew DelhiDelhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. JUSTICE R.K. BATTA ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 12 May 2010
ORDER

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Despite notice sent by Registered AD post on 26.3.2010 being served on the respondent/complainant-Hospital, no one is present on its behalf even at the second pass over. In this revision, challenge by the opposite party-petitioner is to the order dated 10.2.2010 of State Commission, Delhi declining to condone 38 days delay in filing appeal against the order dated 12.1.2009 of a District Forum. In para no.1 of the impugned order the ground on which delay was sought to be condoned, has been set out. Having heard Shri Gupta and also having considered that ground, we are of the view that there was sufficient cause to condone the delay in question which is hereby condoned. Order of State Commission has thus, to be set aside and case remanded to the State Commission for appeal being decided on merit. Accordingly, while accepting revision, aforesaid order dated 10.2.2010 is set aside and case is remanded to the State Commission for appeal being decided on merit after notice to the respondent. No order as to costs. Parties will appear before the State Commission for direction on 2.8.2010.


......................JK.S. GUPTAPRESIDING MEMBER
......................JR.K. BATTAMEMBER