State Consumer Disputes Redressal Commission
Thyrocare Technologies Ltd. vs Dr. Swapan Kumar Samanta on 6 January, 2011
State Consumer Disputes Redressal Commission State Consumer Disputes Redressal Commission West Bengal BHABANI BHAVAN (GROUND FLOOR) 31, BELVEDERE ROAD, ALIPORE KOLKATA 700 027 CASE NO. MA-264/2010 in FA/429/2009 DATE OF FILING: 01.10.2010 DATE OF FINAL ORDER:
06.01.2011 PETITIONER Thyrocare Technologies Ltd.
Having its registered office at B-37/1, T.T.C. MIDC Turbhe Navi Mumbai 400 703 RESPONDENT Dr. Swapan Kumar Samanta S/o.
Late Golak Behari Samanta Residing at 5/13, Sarat Pally, Belghoria Dist.
North 24 Parganas Kolkata 700 056 BEFORE :
HONBLE JUSTICE MR. PRABIR KUMAR SAMANTA, PRESIDENT MEMBER :
MRS. S. MAJUMDER FOR THE APPELLANT : Mr. S. Manna, Advocate FOR THE RESPONDENT : Mr. F. Bandyopadhyay, Advocate :
O R D E R :
HONBLE JUSTICE MR. PRABIR KUMAR SAMANTA, PRESIDENT This Miscellaneous Application being MA/264/2010 has been filed for condonation of delay in making another Miscellaneous Application for setting aside the exparte order dated 30.4.2010 passed by this Commission in FA/429/2009.
The OP Thyrocare Technology Ltd. had been carrying on its business at and from 65/1, Feeder Road, Kolkata 700 056 through one Pathonova Diagnostic situated therein.
It is the complaint case that the said OP received the blood sample of the complainant through said Pathonova Diagnostic for H.C.V. test. The said OP upon such test reported the blood sample to be of H.C.V. positive. The complainant for to be sure of such finding of his blood test conducted a further blood test by SRL Ranbaxy which reported the same to be H.C.V. negative. The complainant accordingly prayed for reimbursement of Rs.6,000/- as cost towards further investigation and tests of his blood as well as compensation for Rs.1 lac for mental trauma and tension suffered by the complainant and his family members due to apprehension of imminent danger to his life because of such defective test result given by the OP upon examination of his blood. The complaint case, however, was dismissed only on the ground that the averment in the complaint did not disclose as to which OP collected the blood and in what manner. On appeal by the complainant the said judgment was reversed exparte by this State Commission as the OPs failed to appear and contest the same.
In the above application for condonation of delay it has been averred that the petitioner came to know for the first time on 02.8.2010 about the exparte disposal of the above appeal on 30.4.2010. Upon receipt of such information the petitioner on 05.8.2010 contacted his Kolkata lawyer and instructed him to obtain the certified copy of the said order dated 30.4.2010 and other relevant documents from the case record of the Trial Court as well as the Appellate Court. The said Ld. Advocate applied for the same on 11.8.2010 and received the certified copy on 19.8.2010 and thereafter forwarded to the petitioner on 23.8.2010 at Mumbai. The petitioner upon receiving the said certified copy on 30.8.2010 and perusal of the same took a decision to file a petition before the State Commission to set aside the aforesaid exparte order dated 30.4.2010 and accordingly instructed on 06.9.2010 their Ld. Advocate to file the same. The Ld. Advocate took about three weeks time to prepare and file the said petition which was filed on 01.10.2010. There has thus been a delay of about 111 days to file the above application.
Having regard to the above explanation given for the aforesaid delay and more particularly upon consideration of the fact that the appellant/petitioner had not been able to entire appearance in the above appeal for which the same was decided exparte. We are of the view that the petitioner was prevented by sufficient cause from filing the above application for setting aside the exparte degree within the prescribed period of limitation. The delay in filing of this application is accordingly condoned. The application so made by the appellant/petitioner for setting aside the exparte order dated 30.4.2010 passed in the above appeal be registered. Fix 22.02.2011 for hearing of the said application for setting aside the exparte order dated 30.4.2010.
(S. Majumder) (Justice P.K. Samanta) MEMBER(L) PRESIDENT