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Time limitation of filing a complaint

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eMediNexus    24 July 2022

There is a time limit to file complaints. If the period of limitation lapses and no complaint has been lodged, then the complaint is treated as “Time Barred.” Period of limitation is the time period within which a complaint has to be filed. There are many Delhi Medical Council orders where complaints filed after three years of the incident have been rejected.

  • In a case DMC/DC/F-14/562/2009 decided on 2nd September, 2009, the Council rejected a complaint alleging professional misconduct on the part of the treating doctor on the ground that the complaint had been made after a period of 9 years. The complaint was rejected.
  • DMC/DC/F14/567/2009: The case was dismissed as the cause of action arose 6 years back.
  • DMC/DC/F14/580/2010: The case was dismissed as the cause of action arose 4 years back.

However, in many laws, there is a provision that empowers the authority/court to condone the delay if the complaint is lodged beyond time. This depends on the facts of each case.

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