A complaint should be filed within a defined time period. If the stipulated time lapses and no complaint is filed then it is treated as “Time Barred.” However, in many laws there is a provision empowering the authority/court to condone the delay if the complaint has been filed beyond the stipulated time. This depends on the facts of each case. The Medical Council of India recommends that indoor records should be maintained for three years. Therefore, any complaint made after three years has to be rejected by the Enquiry Committee. 

Medical Council of India Code of Ethics Regulation: Maintenance of medical records 1.3.1 “Every physician shall maintain the medical records pertaining to his/her indoor patients for a period of 3 years from the date of commencement of the treatment in a standard proforma laid down by the Medical Council of India and attached as Appendix 3.” 

There are several orders given by the Delhi Medical Council where complaints that were filed after three years of the incident were rejected.  

In Consumer Courts, the complaint has to be filed within two years of the incident.