M.B. Shah, J.—Miscellaneous Petition No.

53 of 2000 was fled before the National Consumer Disputes Redressal Commission {hereinafter referred to as “National Commission”), New Delhi in Original Petition No. 252 of 1993 by the appellants - doctors praying that complaint filed for alleged medical negligence be either dismissed as according to them complicated questions of law and facts arise which can best be decided by the Civil Court or in the alternative the proceeding be stayed during the pendency of criminal prosecution pending against them in criminal Court at Mumbai. That application was rejected by the Commission. Hence, this appeal.

2. In the present case, complainant - respondent filed Original Petition before the National Commission on 26.8.1993 alleging that his son aged 21 years was admitted to the Beach Candy Hospital, Mumbai on 4.8.1992 for operation of slip disc as he was suffering from back-ache. It was stated that before that, he had returned from USA in the month of June, 1992 after obtaining degree in Business Management. He died on 29th August, 1992 in the Hospital itself. For this, he attributed medical negligence.

3. Before filing complaint before the Nati