Summary
In a medical-negligence complaint, the NCDRC refused to condone a seven-day delay beyond the 45-day period for filing a reply, relying on the Constitution Bench decision in Hilli Multipurpose Cold Storage. The Supreme Court held that the reply and condonation application, filed on 25 November 2019, required consideration on merits because Hilli operated prospectively from 4 March 2020. With the parties' consent and a valid explanation for the short delay, it condoned the delay subject to timely payment of costs.
Issues
- Whether Hilli's prospective ruling justified rejecting a condonation application filed before that judgment.
Held
- The prospective Constitution Bench judgment of 4 March 2020 did not justify rejecting the earlier reply and condonation application without considering their merits. (¶ SCR p. 2)
- On the explanation supplied and with counsel's consent, the seven-day delay was condoned subject to payment of Rs.25,000 to the complainant within 15 days. Default would prevent acceptance of the written statement; timely payment required its acceptance. (¶ SCR pp. 2–3)
- The NCDRC was to endeavour to decide the complaint expeditiously, preferably within six months. (¶ SCR p. 3)
Result
Appeal allowed; NCDRC order set aside and delay condoned on the stated costs condition, with an endeavour to dispose of the complaint within six months.