NCDRC

NCDRC

RP/4145/2011

NITIN NURSING HOME & ORS. - Complainant(s)

Versus

SURINDER SINGH CHADHA & ORS. - Opp.Party(s)

MR. S.K. ROY

09 Mar 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4145 OF 2011
 
(Against the Order dated 29/08/2011 in Appeal No. 101/2011 of the State Commission Punjab)
1. NITIN NURSING HOME & ORS.
171 Ajit Nagar. Through its Propritor/MD
Patiala
Punjab
2. Dr. Neena Gupta, W/o Dr S.P gupta
R/o 171 Ajit Nagar,
Patiala
Punjab
3. United India Insurence Co. Ltd.,
54, Janpath Cannaught Place
New Delhi - 110001
Delhi
...........Petitioner(s)
Versus 
1. SURINDER SINGH CHADHA & ORS.
S/p S. Sarup Singh Chadha, R/o House No-426/2, Jourian Bhatian
Patiala
Punjab
2. Amandeep Singh, S/o S. Surinder Singh Chandha
R/o House No-426/2, Jourian Bhatian
Patiala
Punjab
3. Ramandeep Kaur, D/o S. Surinder Singh Chadha
R/o House No-426/2, Jourian Bhatian
Patiala
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Sagar Saxena, Advocate
For the Respondent :NEMO

Dated : 09 Mar 2012
ORDER

Respondents/complainants filed the complaint before the District Forum against the petitioners alleging medical negligence on their part.  District Forum allowed the complaint, aggrieved against which petitioners filed the appeal before the State Commission with a delay of 70 days.  Reasons given seeking condonation of delay read as under:

            “That the impugned order was passed by the Ld. District Forum on 24.09.2010 and the copy of the Order was issued on 12.10.2010 by the District Forum & the appeal was to be filed within one month of receipt of the

 

-2-

said order.  However, the accompanying appeal could not be filed within the stipulated period as the counsel of the appellants was not well for about two weeks has he was suffering from viral fever and thus he was not able to prepare the appeal on time and the delay of ____ days occurred due to this reason.

  That the aforesaid delay in filing the appeal is neither intentional nor deliberate but because of the illness of the counsel in Delhi who prepared the accompany appeal.”

 

          State Commission has dismissed the application for condonation of delay, as a consequence thereof the appeal has been dismissed as barred by limitation.

          We agree with the view taken by the State Commission that the petitioner had failed to show sufficient cause for condoning the delay.  On the averments made in the application, no court could condone the delay.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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