Per Mr.Justice S.B.Mhase, Hon’ble President
Heard Mr.D.R.Shah-Advocate for the applicant/appellant.
This is a delay condonation application. Appeal has been filed as against the order dated 31/10/2009 passed in consumer complaint no.480/2007 by the District Consumer Forum, Thane. The complaint has been allowed and it has been directed to the appellant /org.opponent that he shall give an Occupation Certificate and Completion Certificate to the complainant/respondent. He has been further directed to carry out repairs in respect of walls, water proofing, etc. He has been directed to carry on incomplete construction. Time was granted for two months to complete the same. By way of mental agony Rs.10,000/- are directed to be paid and by way of cost Rs.3000/- are directed to be paid. Free copy of this order was admittedly communicated to the appellant by 27/11/2009 and, therefore, appeal should have been filed on or before 26/12/2009. Appeal has been filed on 21/7/2010 and that there is vague contention that there is delay of approximately 7 months. We have calculated the delay and we find that there is delay of 207 days. Above facts are admitted facts before the State Commission and even in the application. The ground for condonation of delay is as follows:-
“That at the time when he received the copy of said order, appellant was at his native place for personal work in the month of December 2009 and the appellant arrived at Kalyan on 8th January 2010 and that time he received copy of order and he decided to contact his counsel but the counsel told him to meet after two days but later on, on 10th January, 2010 appellant had health problems and he took rest on that day but since he himself did not improve he went to his family doctor at Ashirwad Clinic and took the treatment and that time doctor told him that he should take rest till he recover since the appellant was suffering from hyper tension and chest pain and blood sugar and because necessary to take rest till he recovers properly.”
Hence under these circumstances, delay is sought to be condoned. Certificate dated 10/07/2010 is also on record. It is further contended that since the doctor had suggested him to take rest and so the appellant was unable to file the appeal within stipulated period and so now since the appellant is feeling better he is filing the appeal before this Commission. We find that certificate which is produced on record shows that "he was suffering from the blood sugar, complaint of hypertension and complaint of chest pain and he was under treatment from 11/1/2010 upto prolonged illness. I advise him for rest". Appellant herein is a builder and so called Ashirwad Clinic is run by Dr.Bhavsar G.T., who is B.A.M.S. doctor. No doubt B.A.M.S. doctor can treat the patient. However, we asked whether appellant is in a position to produce the case papers from 11/1/2010, such case papers are not available. We further wanted to know what was the blood sugar report and how the blood sugar is tried to be controlled for last 7 months by this doctor. So far as hypertension is concerned there are no readings of blood pressure so as to reach to conclusion of hypertension. Similarly, there is complaint in respect of chest pain. When a person makes complaint in respect of chest pain minimum expected act from a doctor is to have ECG. No ECG was taken and produced on record. When a person with a history of blood sugar and hypertension makes a complaint about chest pain, doctor is definitely under obligation to make further investigation to find out whether chest pain is related to heart problem. No investigations have been carried out in the present matter by the said doctor. Patient was not referred to any other expert doctor for further investigation. Apart from that there is no affidavit of the appellant on record. Affidavit which is on record is not satisfactory and further case details files have not been produced. Delay of 7 months if at all is to be condoned appellant shall make out a case that he is incapacitated to do his regular duties. There is nothing on record to show that he was not looking after day to day work namely building business. The application is silent on this aspect of the matter.
It is further interesting to note that the applicant himself is M.D. Skin Specialist. We are told that he has given up practice. It is surprised that man with M.D. qualification takes a treatment for a life threatening ailment of chest pain from B.A.M.S. doctor for 7 months.
We find that this is a cock and bull story developed for condonation of delay application. Hence it is rejected. Consequently appeal stands dismissed.
Copies of the order be furnished to the parties.
