BELA M. TRIVEDI, SATISH CHANDRA SHARMA
Vijay Dixit – Appellant
Versus
Pagadal Krishna Mohan – Respondent
JUDGMENT :
SATISH CHANDRA SHARMA, J.
1. This appeal arises from an order dated 22.07.2016 in Consumer Complaint No. 280 of 2015 (hereinafter the “Impugned Order”), wherein the National Consumer Disputes Redressal Commission (hereinafter referred to as the “NCDRC”) forfeited the right of the Appellant(s) to file its written statement on account of the Appellant(s) lapse in conforming to statutory period prescribed for filing its written statement, under Section 13 of the Consumer Protection Act, 1986 (the “Act”).
2. The facts and proceedings germane to the contextual understanding of the present lis are as follows:
2.1. The Respondent(s) filed a Consumer Complaint No. 280 of 2015 before the NCDRC on 12.05.2015, claiming a total amount of INR 47,36,25,000 (Indian Rupees Forty Seven Crore Thirty Six Lakh Twenty Five Thousand) as compensation on account of inter alia the death of his wife due to alleged medical negligence; and adoption of unfair trade practices by the Petitioner(s) herein whilst conducting a left thoracotomy i.e., mediastinal tumour excision under general anaesthesia (the “Underlying Complaint”).
2.2. In this context, vide an order dated 14.05.2015, the NCDRC issued notice
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