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Delay in filing consumer complaint should be welll explained

Raj Kumar Makkad ,
  10 January 2011       Share Bookmark

Court :
Supreme Court of India
Brief :
Consumer - Medical Negligence - Discovery Rule - Cause of Action - Sections 12, 17, 18, 22 and 24A of the Consumer Protection Act,1986 - National Consumer Disputes Redressal Commission reversed order of Maharashtra State Consumer Disputes Redressal Commission dismissing complaint of alleged negligence on part of Appellant while performing surgery on Respondent, as barred by limitation and remitted case for disposal on merit - Hence the Appeal - Whether complaint filed by Respondent was within limitation
Citation :
Dr. V.N. Shri khande v. Anita Sena Fernandes (Decided On 20.10.2010) MANU/SC/0868/2010

any person of ordinary prudence, who may have suffered pain and discomfort after surgery would have consulted the concerned surgeon or any other competent doctor and sought his advice but Respondent did nothing except taking some pain killers. Respondent has not explained as to why she kept quite for about 9 years despite pain and agony. Long silence on her part militates against bona fides of Respondent's claim for compensation and Discovery Rule cannot be invoked for recording a finding that cause of action accrued to her in November, 2002 . Court set aside impugned order and dismissed complaint of Respondent .Appeal Allowed.

 
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Published in Constitutional Law
Views : 2622




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