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MANOJIT MANDAL
Belle Vue Clinic – Appellant
Versus
Pramila Poddar – Respondent
JUDGMENT
Manojit Mandal, President.—This revision petition is at the instance of the revisionist/ petitioner and is directed against the order No. 15 dated 23/07/2024 passed by the Learned District Consumer Disputes Redressal Commission, Kolkata, Unit-II ( in short, ‘the District Commission’) in connection with M.A. No. 579 of 2022 arising out of complaint case No. CC/90/2022 whereby the Learned District Commission was pleased to reject the maintainability application.
2. The respondents being the complainants filed a petition of complaint before the Learned District Commission being No. CC/90/2022 praying for the following reliefs :-
“A) Pecuniary Damage
a) Rs.19,36,286 (Rupees Nineteen Lac Thirty Six Thousand Two Hundred Eighty Six) only towards the cost of treatment with OP No. 1 Hospital to be returned with interest by the Opposite parties.
b) Rs.47,88,000.00 (Rupees Forty Seven Lac Eighty Eight Thousand only) towards loss of prospective / future earning of the victim SANJAY SINGH aged 51 years up to 70 years (life expectancy) over a period of 19 years @Rs.30,000.00 per month on an average (Rs.30000 x 12 x 19-30%) = Rs.47,88,000/-.
B) For Non Pecuniary damages towards :
Limitation - the complaint is filed in violation of the statutory period of two years as provided under section 24A of the Consumer Protection Act, 1986, the same is barred by law of limitation.
(1) Condonation of delay – To condone such delay in filing the Revision Petition, the Petitioner needs to satisfy this Commission that there was sufficient cause for preferring the Revision Petition ....
“Condonation of delay if duly not backed by sufficient reason has to be rejected.”
(1) CPC – It is pertinent to note that, S.13(4) of the old Act as well as S.38(9) of the new Act does not have any mention as to the applicability of S.9A of the C.P.Code to the proceedings before th....
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