NCDRC

NCDRC

RP/2715/2015

M. KRISHNA RAO - Complainant(s)

Versus

GENERAL MANAGER, MANIPAL SUPER & 2 ORS. - Opp.Party(s)

MR. ANISETTY CHANDRA MOHAN

16 Aug 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2715 OF 2015
 
(Against the Order dated 20/02/2015 in Appeal No. 226/2014 of the State Commission Andhra Pradesh)
1. M. KRISHNA RAO
S/O VENKATA RAMAIAH, R/O D.NO.27-1-243, NEAR RICEMILL CENTRE, BALAJI NAGAR,
NELLORE
ANDHRA PRADESH
...........Petitioner(s)
Versus 
1. GENERAL MANAGER, MANIPAL SUPER & 2 ORS.
SUPER SPECIALITY HOSPITAL SOUMYA NAGAR, NEAR KANKA DURGA VARADHI, TADEPALLI-522501
GUNTUR DISTRICT
ANDHRA PRADESH
2. THE MANAGING DIRECTOR,
MANIPAL HEALTH ENTERPRISES PRIVATE LIMITED, MANIPAL TOWERS, 5TH FLOOR,14, HAL AIRPORT ROAD,
BANGALORE-560008
3. DR. LAKSHMI PRASUNA, MBBS DGO,
MANIPAL SUPER SPECIALITY HOSPITAL, SOUMYA NAGAR, NEAR KANKA DURGA VARADHI TADEPALLI-522510
GUNTUR DISTRICT
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT

For the Petitioner :MR. ANISETTY CHANDRA MOHAN
For the Respondent :
Mr. Bharat Swaroop Sharma, Advocate

Dated : 16 Aug 2016
ORDER

By this Revision Petition, under Section 21 (b) of the Consumer Protection Act, 1986 (for short “the Act”), the Complainant calls in question the correctness and legality of the order dated 20.02.2015 passed by the Andhra Pradesh Consumer Disputes Redressal Commission at Hyderabad (for short “the State Commission”) in First Appeal No.226 of 2014.  By the impugned order, the State Commission has dismissed the Appeal for non-prosecution as the Counsel, engaged by the Petitioner, failed to appear before the State Commission on                    three consecutive dates.  The said Appeal had been preferred by the Petitioner against the order dated 14.03.2014, passed by the District Consumer Disputes Redressal Forum, Guntur (for short “the District Forum”) in CC No.92 of 2012.  By the said order, the District Forum had dismissed the Complaint filed by the Petitioner against the Respondents, alleging medical negligence on the part of the Opposite Party No.3, in conducting laparotomy procedure on the wife of the Petitioner.

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               It is pointed out by the office that the Revision Petition is barred by limitation, inasmuch as there is a delay of 127 days in filing the same.  An application praying for condonation of delay has also been filed along with this Petition.

               Upon notice, the Respondents are represented.  Accordingly, I have heard learned Counsel for the Petitioner as well as for the Respondents.

               Having perused the application filed by the Petitioner for condonation of delay in filing the Petition, I am of the view that the Petitioner has not only made out a sufficient cause for condonation of the said delay but also for the non-appearance of his Counsel before the State Commission.  In the Application, the Petitioner has explained the circumstances under which the Counsel was unable to appear before the State Commission.  Additionally, the Counsel has filed his own affidavit narrating the reasons for his non-appearance.

               Resultantly, the delay in filing the present Revision Petition is condoned; the impugned order is set aside and the afore-stated Appeal is restored to the Board of the State Commission for adjudication on merits, in accordance with law.

 

 

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               The parties/their Counsel are directed to appear before the State Commission on 30.09.2016 for further proceedings.

               The Revision Petition stands disposed of in the above terms, with no order as to costs.

         

 
......................J
D.K. JAIN
PRESIDENT

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