RAJA SUPER SPECIALITY HOSPITAL THROUGH ITS MANAGING DIRECTOR/PROPRIETOR vs KRISHAN KUMAR SHARMA & ORS.

This Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by Raja Super Speciality Hospital, the sole Opposite Party in the Complaint, is directed against the order dated 23.05.2016, passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short "the State Commission") in First Appeal No. 387 of 2014. By the impugned order, the State Commission has dismissed the Appeal in default, as the Petitioner/Appellant had remained unrepresented on a number of dates when the Appeal was listed for consideration and the Counsel for Respondents No. 1 and 2/Complainants was present.

Upon issue of notice, Complainant No.1 is present in person along with his Counsel. Complainant No.2 happens to be his wife.

Learned Counsel appearing for the Complainants states on instructions that in order to avoid further delay in the disposal of the Complaint, as the Petitioner had been proceeded against ex-parte even before the District Forum, the matter may be remitted back to the District Forum for adjudication on merits, after affording an opportunity to the Petitioner to file its Written Version/affidavit by way of evidence, provided the Complainants are adequately compensated by way of costs for the delay caused by the Petitioner in disposal of the Complaint.

Having heard learned Counsel for the Petitioner and perused the orders passed by the Fora below, we dispose of the present Revision Petition, on consent, by setting aside the impugned order, with a direction that if the Petitioner files its affidavit by way of evidence, within 30 days from the date of receipt of a copy of this order, before the District Forum, the same shall be taken on record and the Petitioner shall be permitted to participate in the proceedings, subject to the Petitioner paying to the Complainants costs of 40,000/-, which shall be paid to the Complainants before the District Forum. Since it is pointed out that the evidence by way of affidavit has already been filed by the Complainants, they will be granted an opportunity to file additional affidavit by way of evidence to the affidavit proposed to be filed on behalf of the Petitioner, if so advised.

The District Forum shall try to dispose of the Complaint as expeditiously as possible and in any case not later than six months from the date of receipt of a copy of this order, by following the procedure laid down in the Act for adjudication of a Complaint.

It is stated that the Complaint is now coming up for further proceedings before the District Forum on 28.11.2016. Since we have already granted to the Petitioner 30 days time to file its Written Version/affidavit by way of evidence, the District Forum may adjourn the case to a later date to facilitate the parties to complete their pleadings/evidence.

The Revision Petition stands disposed of in the above terms.