SUKHVIR SINGH vs Muni Lal Chopra Hospital

THIS appeal has been filed by the appellant against the order dated 21.1.2014 passed by the Punjab State Consumer Disputes Redressal Commission, (in short, ''the State Commission '') in Consumer Complaint No. 82/2009 - Mr. Sukhvir Singh Vs. Muni Lal Chopra Hospital and Ors. by which, complaint was dismissed as barred by limitation.

BRIEF facts of the case are that complainant/appellant ''s mother Mrs.Parkash Kaur was shifted for treatment to Muni Lal Chopra Hospital on 4.1.2002 and was kept in ICU for treatment and after few days she was shifted to normal room. On 15.1.2002, his mother complained breathlessness, but doctor did not attend and she went in Coma on 16.01.2002 and ultimately died on 22.1.2002 due to gross negligence on the part of OP/respondent. Complainant filed writ before Hon ''ble Delhi High Court which was disposed of by giving opportunity to the Complainant to file complaint and he filed complaint before National Consumer Disputes Redressal Commission which was dismissed as withdrawn with liberty to approach appropriate Forum and after giving legal notice dated 27.3.2009 and 21.4.2009, complaint was filed before State Commission claiming compensation. OPs resisted complaint and submitted that complaint was not maintainable as barred by limitation and non -joinder of necessary parties. Deficiency in service was denied and prayed for dismissal of complaint. Learned State Commission after hearing both the parties dismissed complaint as barred by limitation against which, this appeal has been filed.

HEARD learned Counsel for the appellant at admission stage and perused record. Learned Counsel for the appellant submitted that learned State Commission has committed error in dismissing complaint as barred by limitation though complaint was filed within a period of 2 years from the order dated 6.11.2008 passed by this Commission; hence, appeal be allowed and matter may be remanded back for disposal of complaint on merits.

PERUSAL of record clearly reveals that complainant ''s mother was admitted in OP ''s hospital on 4.1.2002 and she died on 22.1.2002, but complaint was filed before this Commission on 6.11.2008, which was barred by limitation. This Commission vide order dated 6.11.2008 dismissed complaint as withdrawn with liberty to the complainant to approach proper Forum for redressal of his grievances and this complaint was filed on 25.11.2009, i.e. after more than one year from withdrawal of complaint. Complainant has not filed any application for condonation of delay before State Commission and learned State Commission has not committed any error in dismissing complaint as barred by limitation in the light of judgments mentioned in the impugned order and appeal is liable to be dismissed at admission stage.

CONSEQUENT LY , appeal filed by the appellant is dismissed at admission stage with no order as to costs.