26.12.2023:

ORDER

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH: PRESIDENT

01.   The complainant had filed this Appeal under section 15 of the Consumer Protection Act, 1986 challenging the order dated: 23.03.2016 passed in C.C. No.127/2015 by the District Consumer Disputes Redressal Forum, Hassan.

02.   The parties to this Appeal will be referred to as their rank assigned to them by the commission below.

03.   On 23.03.2016 the below Commission had ordered that, in-spite of grant of 04 chances the complainant and his counsel remained absent and not filed affidavit evidence of the complainant.  Hence consumer complaint is dismissed for non-prosecution.  Aggrieved by the said order the complainant had preferred this Appeal seeking to set aside the order dated: 23.03.2016 by restoring the consumer complaint No.127/2015.

04.   Perused the impugned order, grounds of the Appeal and the Appeal papers.

05.   The brief facts of the case is that, the complainant got admitted as an in-patient at OP-5 hospital on 07.08.2013.  On 11.08.2013 she underwent surgery to the right URS, Ureterlotenoscopy; sterling and stone removal was done.  Thereafter she got discharged on 16.08.2013 by spending Rs.5,00,000/-.  The above surgery was done by Respondent No.1 with the assistance of Respondent No.2.  The spinal anesthesia was given by Respondent No.3, Respondent No.4 had treated the complainant for radiating pain past surgery.  From the date of surgery complainant was not having sense and no control over her lower part of the body i.e., below trunk and pain did not reduced.  Hence alleging medical negligence and deficiency in service on the part of OPs consumer complaint came to be filed before the below Commission.

06.   The grounds urged in the Appeal is that, the District Forum had erred in dismissing the complaint for non-prosecution without looking in to the merits of the case and the complainant is suffering from permanent disability and she lost sense and control over the lower part.  Only on 04 occasions the complainant remained absent and without giving opportunity the matter was dismissed for non-prosecution.  As the complainant was taking treatment in various hospitals at Bangalore and Mysore, she could not approach her counsel to file affidavit. 

07.   In view of the above discussion and submission made by the LC for Appellant, we are of the considered opinion that, the reasons stated by the Appellant for non-filing of complainant’s affidavit in time in-spite of grant of 04 chances by the below Commission is not an intentional one, but it is due to her pains and permanent disability she might have gone for treatment at various hospitals situated at Bangalore and Mysore and as a result of which she could not able to contract her counsel in time for filing of her affidavit evidence.  Hence the Appeal filed by the Appellant is hereby allowed by restoring the matter at the same stage and consequently the order dated: 23.03.2016 passed by the below Commission is hereby set aside with a direction to the below Commission to give opportunities to both the parties and to dispose-off the matter in accordance with law as early as possible.  No order as to costs.

08.   Provide copy of this order to the District Commission as well the parties to the Appeal.

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LADY MEMBER         JUDICIAL MEMBER        PRESIDENT

KNMP*