1.       This Appeal has been filed in challenge to the Order dated 13.05.2024 in in CC No. 04/217 of the State Commission Tamil Nadu.  

2.       Heard the learned counsel for the Appellant and perused the record including inter alia the impugned Order.

3.       In order to facilitate better appreciation the impugned Order may be quoted hereinbelow which reads as follows:  

“The complaint has been filed by the complainant to pay the 1 to 4 opposite parties Rs.1,00,00,000/- as damages caused towards for their willful medical negligence, delay, deficiency in service and to close the 3rd opposite party's hospital in running similar manner so as to avoid repetition and cause prejudice to the general public.  

No representation for the complainant. Complainant called absent. Complaint is dismissed for default.”  (As per the certified copy available on record).

4.       Normally the court would have issued notice to the other side but that process would have taken a long time considering the pendency of cases and also keeping in view the fact that the matter does not involve any complicated questions of facts or law, and involves only the first principles of natural justice, the complaint having been dismissed in non-prosecution in the absence of appellant / complainant, the Bench deems it appropriate to dispose of the matter on the basis of record. 

5.       As the appeal has been filed with some delay, learned counsel for the appellant submits its explanation in that regard.  It is submitted that the appellant is resident of Kanyakumari, Tamil Nadu and she faced difficulty in engaging an advocate and this occasioned the delay.   

6.       After considering the totality of the facts and circumstances of the case, the grounds pleaded in the delay condonation application and also in order to decide the matter on merits rather than to scuttle the same at the threshold of limitation the delay involved stands condoned.

7.       It has been submitted on behalf of the counsel for the appellant / complainant that the appellant / complainant had been pursuing the matter diligently all throughout since 2017 and the complaint remained pending for seven years in the State Commission.  The learned counsel has tried to explain the circumstances which led to the dismissal of the complaint in the absence of proper representation on the date fixed.  Submission is that the complainant has a sound case on merits and in case opportunity to pursue the complaint on merits shall not be provided damage caused will be irreparable and she shall be left remediless.  It has also been assured and undertaken that no further default shall be committed.

8.       In view of the totality of facts and circumstances of the case without making any observations on merits of the case lest it may cause any prejudice to either side and colour the vision of the State Commission, it is deemed appropriate  that keeping in perspective the fact that the merits of the case have remained unadjudicated, a further opportunity be provided to the complainant / appellant to pursue the complaint on merits.  Thus the impugned Order dated 13.05.2024 of the State Commission is set aside.  The State Commission is requested to restore the complaint and proceed with the matter in accordance with law after affording further opportunity of hearing to both the sides.  

The Appellant is sternly advised to conduct her case in the right earnest with due diligence.

It may be observed that if the Appellant or her legal representative fails to appear before the State Commission on any future date the State Commission in its discretion may proceed further in accordance with law as it may deem appropriate.

9.     The parties shall appear before the State Commission on 19.11.2024.

10.     The principal onus of informing the respondents of this instant Order shall be of the Appellant. She shall do so within six weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing before it.  

However, if for whatever reason, the respondents do not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring their presence in order to proceed in accordance with law in the matter, as directed by this Commission. The State Commission in such a situation may also require the Appellant to take adequate steps in order to facilitate service on the respondents.

          In case any of the respondents feel to have objections to the instant Order, it may file appropriate application before the State Commission, submitting that it will raise its objection before this Commission (National Commission). In such contingency, the State Commission shall not proceed further with the appeal for a period of three months. In the said period of three months, the respondent(s) may file appropriate application before this Commission to raise its / their objections.

          If any of the respondent move appropriate application in this Commission within the aforesaid period of three months, or before, further proceedings of the State Commission shall be subject to the orders that may be passed by this Commission on such application. If any of the respondent does not approach this Commission in the period of aforesaid three months (or before), the State Commission shall further proceed in the matter in accordance with law.

11.     The Registry is requested to send a copy each of this Order to all parties in this Appeal and to the learned counsel for the Appellant as well to the State Commission.  The stenographer is requested to upload this Order on the website of this Commission immediately.