Per Mr.Justice S.B.Mhase, Hon’ble President

Heard Mr.V.B.Nashikkar-Advocate for the petitioner.

This revision petition is directed as against the order passed by the District Consumer Forum on 27/9/2010, whereby one day delay has been condoned in filing consumer complaint no.281/2010 filed in the District Consumer Forum, Nasik.  This is a revision petition preferred by the opponent in the said complaint.

The main complaint filed by the respondent is in respect of medical negligence.  Respondent’s husband was admitted in the hospital of the revision petitioner and while he was taking treatment, he expired on 23/9/2008. The allegations are in respect of medical negligence. It appears that the complaint has been filed on 27/9/2010. However, it is contended in the application that in order to file said complaint within limitation, the complainant/respondent had been to an advocate on 23/9/2010. However, since the documents were incomplete it could not be filed on 24/9/2010 but after obtaining the documents, complaint has been filed on 27/9/2010.  So there is hardly delay of 3 days.  In these circumstances, District Consumer Forum has rightly considered the material and has condoned the delay.  Even in the interest of justice, in case of medical negligence, when delay is of negligible nature of three days, it requires to be condoned.  Therefore, we do not find any substance in the revision petition and the same is hereby rejected.

Pronounced

Dated 12^th January, 2011.