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Judgment
This appeal under section 51(1) of the Act 2019 is in challenge to the Order dated 10.02.2021 of the State Commission in complaint no. 54 of 2015.
Ms. Sakshi Dahiya, learned proxy counsel appears for the appellant (the ‘complainant’). She makes her submissions on instructions.
Mr. R.K. Tripathy, learned counsel appears for the respondents no. 1 and no. 2 (the ‘opposite parties no. 1 and no. 2’).
Notice to respondents no. 3 to no. 5 (the ‘opposite parties no. 3 to no. 5’) was dispensed with vide this Commission’s Order dated 29.11.2021.
We have perused the material on record including inter alia the Orders dated 24.11.2015 and dated 10.02.2021 of the State Commission as well as the memorandum of appeal.
Vide its Order dated 24.11.2015 the State Commission dismissed the complaint for non-prosecution. And vide its Order dated 10.02.2021 it dismissed the application for restoration.
The present appeal has been filed by the complainant seeking restoration of her complaint.
Learned proxy counsel for the complainant submits that the matter relates to medical negligence. The complainant has a good case on merit and wants opportunity to present her case before the State Commission. She will be dutiful in conducting her case. Submission is that the complainant will prejudicially suffer irreparably if the complaint is not restored and it may eventually lead to complete miscarriage of justice leaving the complainant remediless and helpless.
Learned counsel for the opposite parties no. 1 and no. 2 submits that he has no objection to the complaint being restored and the matter being decided on merit by the State Commission.
Considering the afore submissions, as also considering the nature of the dispute and the overall facts and circumstances of the case, it is felt to be just and conscionable that one more opportunity be provided to the complainant for getting the matter adjudicated on merit before the State Commission.
This Commission is consciously refraining from detailing the facts or critiquing the matter since the dispute is as yet to be adjudicated on merit and it does not wish to in any manner colour the vision of the forum below.
The Orders dated 10.02.2021 and dated 24.11.2015 of the State Commission are set aside and the complaint is restored to its original number before the State Commission.
The complainant is sternly advised to conduct her case with due diligence.
The parties are directed to appear before the State Commission on 12.06.2023.
The State Commission is requested to adjudicate the complaint, as per the procedure, on merit, in accordance with the law.
The Registry is requested to send a copy each of this Order to the parties and to their learned counsel immediately. It is further requested to most immediately send a copy of this Order to the State Commission by the fastest mode available. The stenographer is requested to upload this Order on the website of this Commission immediately.
‘Dasti’, in addition, to facilitate compliance.