DR. A. SURESH KUMAR & ORS. versus AMIT AGARWAL

DR. A. SURESH KUMAR & ORS. versus AMIT AGARWAL

Because the application for condonation of delay was filed before the Constitution Bench judgment in New India Assurance (2020) 5 SCC 757 which the Bench stated would operate prospectively, the NCDRC should have considered the condonation application on its merits; having given a valid explanation for the seven-day delay, the delay is condoned subject to payment of costs of Rs.25,000.

Parties
Appellant: Dr. A. Suresh Kumar & Ors.; Respondent: Amit Agarwal
Jurisdiction
India
Judgment Date
08 July 2021
Procedural Posture
Civil Appeal / On Appeal to Supreme Court (judgment)
Outcome
Appeal allowed
Legal Topics
Condonation of Delay, Written Statement, Prospective Operation of Judgment, Costs
Consumer Protection Medical Negligence Limitation Condonation of Delay Written Statement Prospective Operation of Judgment Costs

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Parties

Dr. A. Suresh Kumar & Ors.

Appellant

Amit Agarwal

Respondent

Procedural Posture

Civil Appeal / On Appeal to Supreme Court (judgment)

Legal Issues

  1. 1 Whether the NCDRC could reject the application for condonation of delay in filing the written statement by relying on the Constitution Bench judgment in New India Assurance (2020) 5 SCC 757 when the application was filed prior to that judgment
  2. 2 Whether the 7-day delay in filing the written statement should be condoned and on what terms

Ratio Decidendi

Because the application for condonation of delay was filed before the Constitution Bench judgment in New India Assurance (2020) 5 SCC 757 which the Bench stated would operate prospectively, the NCDRC should have considered the condonation application on its merits; having given a valid explanation for the seven-day delay, the delay is condoned subject to payment of costs of Rs.25,000.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the NCDRC set aside
  • Delay of 7 days in filing the reply by the appellants is condoned on payment of costs of Rs.25,000 payable to the respondent within 15 days