IMPORTANT POINT
Defining “Sufficient Cause” – To excuse a late filing, the court requires “sufficient cause,” meaning the consumer must show they were acting carefully and were genuinely prevented from filing on time. Simply waiting on a parallel disciplinary outcome before deciding to seek financial compensation is considered an afterthought, not a valid legal excuse.

ORDER

Anoop Kumar Mendiratta, Member—We propose to dispose of application for condonation of delay filed on behalf of the complainant since a preliminary objection has been raised on behalf of opposite parties challenging the maintainability of the complaint on the grounds of limitation.

2. In brief, complainant has preferred the complaint against opposite parties alleging medical negligence in treatment of the complainant by Dr. Hemant Tiwari (OP-1) and Dr. Nevin Kishore (OP-2), Pulmonologists and seeks compensation for Rs.5,93,00,084/-. Complainant initially undertook treatment from Dr. Hemant Tiwari (OP-1) in September 2009 since he was suffering from regular cough which was diagnosed as Asthma by OP-1 after conducting PFT. As per the complainant, the medicines prescribed by OP-1 till 2012 only provided him temporary relief. In the month of February, 2013, complainant again visited OP-1 and was prescribed with another set of medicines. The grievance of the complainant is that OP-1 prescribed only medicines which temporarily suppressed the symptoms and were not curative. Further, since OP-1 did not suggest chest X-Ray, he failed to exercise duty of care which is expected from a medical practitioner.

3. Complainant, thereafter, consulted Dr. Nevin Kishore, Pulmonologist (OP-2) on 18.02.2013 who prescribed medicines for ten days. On his second visit on 25.02.2013 as the complainant did not get much relief, he was advised chest X-Ray from ‘Hospital Diagnostic Centre’. After examining the X-Ray, OP-2 informed the complainant that his chest was absolutely clear. It may be noticed that the X-Ray report was awaited and was subsequently obtained by the complainant and not shown to OP-2. The grievance of the complainant against OP-2 is that he could not figure out ‘cardiomegaly’, on seeing the X-Ray and also challenges the medicines prescribed by OP-1. Thereafter, since the complainant suffered breathing problems on 02.03.2013, he consulted Dr. Deepak Talwar, Metro Hospital on 04.03.2013. On seeing the earlier reports along with X-Ray, complainant was advised echocardiography, X- Ray chest and PFT. Thereafter, on examining the reports, complainant was informed that he was not having respiratory issues and was advised to get in touch with Cardiologist.

4. Complainant was thereafter admitted at CCU, Metro Heart Institute due to complications and the final diagnosis at the time of discharge in March, 2023 were reflected as ‘Idiopathic Dilated Cardiomyopathy (biventricular); severe left ventricular (LV) & RV systolic dysfunction (LVEF - 15%); moderate mitral regurgitation (MR); severe PVH, no PAH; sinus tachycardia; congestive cardiac failure; NYHA class IV; large LV apical clot; hyperthyroidism’.

The said complications and permanent damage to heart are attributed by complainant to medicines/steroids earlier prescribed by OPs and due to failure of correct diagnosis by OP-1 and OP-2. Complainant was finally advised implant of ICD/pacemaker which was undertaken on 02.09.2013 and the complainant was discharged on 04.09.2013. Complainant further alleges that he had to resign due to aforesaid ailments and his health got completely ruined due to professional negligence of OPs.

5. It is further the case of complainant that on 30.05.2013, father of complainant made a complaint against OP-1 & 2 to Delhi Medical Council and an order dated 08.07.2015 was thereupon issued warning OPs and further directed to undergo ten hours of CME. Further, in appeal, Ethics Committee of the Medical Council of India held OP-1 & 2 guilty vide order dated 24.05.2017 and recommended to remove the name of OP-1 & 2 from IMR for a period of one year.

6. Present complaint has thereafter been preferred by the complainant on 20.04.2018 along with IA No.8194 of 2018 seeking condonation of delay of seven years in filing the complaint which is pending consideration.

7. Complainant seeks condonation of delay and submits that in view of proceedings pending before Delhi Medical C