- 1 - HC-KAR NC: 2026:KHC:20234-DB WP No. 2809 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.2809 OF 2026 (GM-CON) BETWEEN: 1. THE DIRECTOR OMEGA HOSPITAL PVT. LTD. PUMP WELL MANGALORE – 2 2. DR. MUKUND CARDIAC PHYSICIAN OMEGA HOSPITAL PVT. LTD. MANGALORE-2 3. DR. A G JAYAKRISHNA CARDIOTHORACIC SURGEON OMEGA HOSPITAL PVT. LTD. MANGALORE – 2 …PETITIONERS (BY SRI P P HEDGE, SR. ADVOCATE FOR SRI PRUTHVIRAJ S, ADVOCATE) AND: 1. MR. MOHD. ASHRAF AGED 61 YEARS S/O IBRAHIM RUKNUDDIN 2. MR. HURUNNISA AGED ABOUT 49 YEARS 2ND W/O MOHM. ASHRAF Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20234-DB WP No. 2809 of 2026 3. MRS. RAFATH JAHAN AGED 51 YEARS 1ST W/O MOHD. ASHRAF 4. AJAZ AHMED AGED ABOUT 24 YEARS S/O MOHD. ASHRAF ALL RESPONDENTS NO.1 TO 4 ARE R/AT NAGEENA STREET MAGDOOM COLONY BHATKAL (NORTH KANARA) – 581320 5. DR. JITHENDRA KUMAAR RATHOD CARDIOTHORACIC SURGEON OMEGA HOSPITAL PVT. LTD. MANGALORE-2 6. DR.GOPA KUMAR CARDIAC ANAESTHETIST OMEGA HOSPITAL PVT. LTD. MANGALORE-2 …RESPONDENTS (NOTICE TO R1, R3, R5, R6 IS SERVED AND UNREPRESENTED; V/O DT.09.04.26, NOTICE TO R2 & R4 IS H/S) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRITS/ORDERS, SETTING ASIDE THE ORDER DATED 30.04.2012 PASSED BY THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MANGALURU IN C.C. NO.674/2004 VIDE ANNEXURE – C AND ETC. - 3 - HC-KAR NC: 2026:KHC:20234-DB WP No. 2809 of 2026 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition is filed impugning the order dated 10.06.2025 passed by the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No.841/2025 preferred by the petitioners/hospital against the order dated 26.09.2024 passed in Appeal No.1138/2012 which was served on the petitioners on 09.12.2024. The revision was filed on 27.05.2025 and there was a delay of 153 days in filing the revision petition. The National Consumer Disputes Redressal Commission, New Delhi has dismissed the revision petition on the ground of delay as in its view no sufficient cause has been given in the application or has been argued by the learned counsel for the petitioners for the delay. - 4 - HC-KAR NC: 2026:KHC:20234-DB WP No. 2809 of 2026 2. We must take note of the fact that the delay of 153 days in filing the revision petition cannot be said to be an inordinate delay. The National Consumer Disputes Redressal Commission is in New Delhi and the petitioners are in Mangalore, Karnataka. Unless and until the delay is enormous and not properly explained, the small delay has to be condoned looking at the fact that the National Consumer Disputes Redressal Commission is situated at New Delhi where people have to come from all over India. Considering the aforesaid fact, we are of the view that the delay of 153 days ought to have been condoned and the decision should have been rendered on merits in the revision petition. We, therefore, condone the delay of 153 days in approaching the National Consumer Disputes Redressal Commission, New Delhi and request the National Consumer Disputes Redressal Commission to proceed with hearing of the petition filed by the petitioners/hospital and decide the same on merits as expeditiously as possible. 3. The amount deposited by the petitioners shall not be disbursed to the complainant pursuant to the order dated - 5 - HC-KAR NC: 2026:KHC:20234-DB WP No. 2809 of 2026 26.09.2024 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore till the decision of the National Consumer Disputes Redressal Commission, New Delhi on revision petition. 4. With the aforesaid direction, the writ petition is disposed of. 5. The case is remitted to the National Consumer Disputes Redressal Commission, New Delhi. 6. The order be communicated to the National Consumer Disputes Redressal Commission, New Delhi by the registry. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE SN