Date of Filing:  02.09.2020.                                              Date of Disposal: 21.04.2022.   

Complainant                : Mrs. Sayantani Adhikari, W/O Sri Partha Adhikari, Atuhatpara, Katwa

Town, P.O.& P.S. Katwa, Dist. Purba Burdwan, Pin-713130.

-VERSUS -

Opposite Party                        :1. Dr. Vinutha Arunachalam (Obstetrics & Gynecology), Apollo Hospitals

Enterprise Ltd, Burdwan, having her Chamber at Apollo Hospitals Information Centre, Super Market, Ghordaur Chotti, Dist. Purba Barddhaman, Pin-713103.

                                    2. Apollo Women’s Hospital, Chennai, Represented by its Chairman, having  

                                    its office at  Apollo Women’s Hospital, 15, Shafee Mohammed Road,

Thousand Lights,  Chennai-600006.

                                    3. Apollo Hospital Enterprise Ltd, Burdwan (Apollo Hospitals Information

Centre), Represented by its Director, having its office at Apollo Hospitals Information Centre, Super Market, Ghordaur Chotti, Dist. Purba Barddhaman, Pin-713103.

                                    4. Burdwan Medical College & Hospital, Medical Superintendent-Cum-Vice

Principal, having its office at Burdwan, P.O. Rajbati, P.S.& Dist. Burdwan, Pin-713104.                               – Proforma Opposite Party.

Present                                   : Mohammad Muizzuddeen             -Hon’ble President.

                                                : Shri Sailaranjan Das                      - Hon’ble Member.

Appeared for the Complainant           : Sri Suvro Chakraborty          Ld. Advocate.

Appeared for the Opposite Party        : Sri Indranil Ghosh               Ld. Advocate.            

                                                            :

Order No. 13 Date: 21. 04.2022.

            The complainant has filed a petition u/S 69(2) of the Consumer Protection Act, 2019 supported by an affidavit, praying for condonation of delay of 119 days in filing this complaint on the grounds that the complainant has filed this case for medical negligence, deficiency in service and unfair trade practice of the OP Nos. 1, 2 & 3 and the cause of action has been   arisen on and from 04.05.2018 when the OP No.1 did operation at the place of OP No.2. After getting some relief, the complainant lodged this complaint before the Consumer Affair’s Department, Burdwan and subsequently, lodged another complaint before the Medical Council of India and Tamilnadu. Therefore, the statutory period of filing the instant case was 03.05.2020 but unfortunately, COVID-19 Pandemic situation broke out from the month of March, 2020 and the Government announced Lock-Down and all the functions of all the Courts of Law including the Consumer Forum became stop. As such the complainant was restrained from filing the instant case. The cause of action is continuous one and the complainant is entitled to get liberty to file this instant case due to running of Lock-Down period but for abandoned caution, the complainant filed the instant petition.

            The OPs did not file any Written Objection though time was granted to file the same and ultimately the matter was heard from both sides.

            Ld. Advocates for the OPs raised objection and submitted that the day to day delay has not been well-explained by the complainant and the delay in filing this complaint for 119 days cannot be condoned.

            Ld. Advocate for the complainant has cited an Office Order No. 7/2022 of Hon’ble National Consumer Disputes Redressal Commission, Govt. of India, wherein computation of delay in such matters in which limitation had already expired between 15.03.2020 and 28.02.2022 and the said period shall be excluded for computing limitation.

            On perusal of the petition u/S 69(2) of the Consumer Protection Act, 2019 the complainant admitted that the delay was of 119 days in filing the instant case and the statutory period of filing the instant case was 03.05.2020, but in the said period the Lock-Down was announced by the Government due to COVID-19 situation. From the order-sheet , it appears that the complaint was lodged on 02.09.2020 which is in between 15.03.2020 and 28.02.2022 which has been excluded for computing limitation as per above Office Order No. 07/2022 of Hon’ble National Consumer Disputes Redressal Commission, Government of India. Therefore, there is every ground to allow the petition u/S 69(2) of the Consumer Protection Act, 2019.

            Hence, it is

                                                                    ORDERED

That the M.A. Case No. 29/2021 be and the same is allowed on contest but without any cost.

            The delay in lodging the complaint is hereby condoned.

            To 29.04.2022     for admission hearing.

     Dictated & corrected by me.

                      President

     D.C.D.R.C , Purba Bardhaman.

                     Member                                                                    President

     D.C.D.R.C , Purba Bardhaman.                                     D.C.D.R.C , Purba Bardhaman