1 day late = case dismiss- Limitation saved doctor

OCt 08, 2026

Consumer complaint dismissed on the ground of limitation period

Case: CC/738/2017 - Surat Additional Consumer Commission

What had happened?
The complainant had taken treatment at Cancer Hospital from qualified onco surgeon in 2015 and had alleged medical negligence and claimed compensation of Rs. 9,98,000.

What was the argument from the doctor's side?
On behalf of Doctor and the hospital, Medico-legal Expert Dr. Vinesh Shah and Advocate Suhel Desai argued that the complaint is beyond the period of limitation.

Judgment of the Commission:

1. As per the discharge card, the patient was discharged on 10-10-2015.
2. As per Section 24(A) of the Consumer Protection Act, 1986, the complaint has to be filed within 2 years - so the last date was 09-10-2017.
3. The complainant filed the complaint on 10-10-2017 - i.e. just 1 day late.
4. The complainant said that since he took further treatment at SSG, Vadodara, the limitation continues, but no papers of SSG were produced and no delay condonation application was filed either.

Result: The complaint was dismissed as being barred by limitation, with no order as to costs.

Learning Point for you (As a Doctor): This judgment shows that in the Consumer Commission, Limitation is a strong defence. If a complaint comes after 2 years and there is no delay condonation application, then the case gets dismissed without going into merits.

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Dr. Vinesh Shah
Medicolegal Expert

Pixie Medicolegal
Concerning Medicolegal matters
Helpline number: 9712777723