ORDER

PER SUBHASH CHANDRA

1. The present first appeal has been filed under Section 51 of the Consumer Protection Act, 2019 against the order dated 17.02.2020 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (‘the State Commission’) in CC no. 406 of 2016, wherein the State Commission has allowed the complaint and held the appellant liable for an amount of Rs.5,00,000/- with interest at the rate of 9% from date of institution of complaint till the date of payment.

2. We have heard the learned counsel for the parties and have carefully perused the material on record.

3. The delay of 51 days in filing of the first appeal was condoned in the light of the reasons provided in the application for condonation of delay in the interest of justice.

4. The relevant facts of the case, in brief, are that the complainant/ respondent’s husband Shri Pradeep Mishra approached the appellant’s Hospital OPD on 03.092016 and requested for prescription of medication for fever. He, however, refused to undergo tests stating that he would return the next day if the fever did not subside. Thereafter he did not approach the appellant hospital till 05.09.2016 when at 07.00 am, he w