West Bengal

South 24 Parganas

CC/315/2014

SRI SANTANU MUKHERJEE, S/O. Late Dibakar Mukherjee. - Complainant(s)

Versus

1. THE KPC MEDICAL COLLEGE & HOSPITAL. - Opp.Party(s)

02 Apr 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NOS. _315__ OF ___2014______

 

 DATE OF FILING : 18.7.2014_     DATE OF PASSING JUDGEMENT:__2.4.2015

 

Present                        :   President       :  Udayan Mukhopadhyay

 

                                        Member(s)    :   Dr.(Mrs.)  Shibani Chakraborty                                        

 

COMPLAINANT                  : Sri Santanu Mukherjee, s/o late Dibakar Mukherjee of 54, South Park,

Santoshpur, P.S. Survey Park, Kolkata – 75  and permanently residing at Vill. & P.O Debagram, P.S. Kaligunj, Dist. Nadia, Pin-741137.

 

-VERSUS  -

 

O.P/O.Ps                                : 1.    The KPC Medical Colleged & Hospital, Jadavpur, P.S. Jadavpur,

Kolkata – 32.

2.     Dr. Sanjay Basu, the KPC Medical Colleged & Hospital, Jadavpur, P.S. Jadavpur, Kolkata – 32

3.     The Divisional Manager, United India Insurnace Co. Ltd. ,

2, Gariahat Road (South), Dakshinapan Shopping Complex, Kolkata-68

4.     Heritage Health TPA Pvt. Ltd. Nicco House, 2, Hare Street, Kolkata-1.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Dr.(Mrs.) Shibani Chakraborty, Member

The case of the complainant in brief is that  due to abdominal pain he was admitted to O.p-1 and after thorough clinical and pathological examination O.P-1 & O.P-2 advised him for appendicitis operation and accordingly he was taken to operation theatre but due to some internal problem of the complainant the said operation could not be done. The next day when O.P-2 was again told, to perform operation he refused to go for operation as he was suffering from throat pain. Then he wanted to get released from O.P-1 but he was not released and ultimately with the help of the police he was released and after repeated request the O.P-1 did not supply him the discharge certificate as well as the report of his treatment and as a result he was deprived to get mediclaim benefit. Hence, this case.

            The O.P nos. 1 & 3 contested the case by filing written version contending inter alia that the claim of the complainant is false and fabricated and not maintainable.

            The O.P-2 did not contest the case.

            The complainant filed evidence on affidavit ,questionnaire and reply and some documents.

            The O.Ps also filed evidence on affidavit, questionnaire and reply.

                                                            Decision with reasons

            We have carefully gone through the records and documents filed by both the parties . The doctor O.P-2 who conducted the operation did not appear. So, we are in dark about what is the actual fact and reason that O.p-2 failed to perform the operation. According to O.P-1 it is due to complainant’s throat pain but after reviewing the medical papers it reveals that the complainant got throat pain after the failure of operation ,which is very much contradictory. It is the laches on the part of the O.Ps. O.P-1 stated that due to absence of O.P-2 it is difficult for them to know the actual fact as O.P-2 resigned from O.P-1 after the incident.

            It is really disgraceful for a doctor like O.P-2 that he fought shy to confess the reality. If he feels that he is not a competent Surgeon to conduct operation like appendicitis then why he took the chance. We are really afraid that what will be the fate of the General patient/public as these type of doctors will fly from one hospital to another. The O.p-1 also is to be careful as these type of doctors are destroying their good will . Local people will also lose their faith on O.p-1. As the patient need police help to get discharge from O.P-1 and at the same time they did not provide the medical papers to the complainant, we are really in a dark and got afraid what game O.Ps are playing by advertising “Serving people with human face”.

            The O.P-3 also know the fact that happened with the complainant. The complainant is the beneficiary of O.P-3 by paying regular premium to O.P-3. So, the O.P-3 is bound to pay the expenses that complainant spent for his treatment.

            Considering all the facts, the O.Ps are responsible for great deficiency of service on their part.

            As a result the case of the complainant succeeds.

            Hence,

                                                                        Ordered

That the case being C.C.no. 315 of 2014 be and the same is decreed with cost of Rs.10,000/- against O.Ps.

The O.P-2 is directed to pay Rs.30,000/- and O.P-1 is directed to pay Rs.20,000/- to the complainant as compensation for his harassment and mental agony within 30 days from this date.

The O.P-3 is directed to pay Rs.6,384/- to the complainant within 30 days from this date.

The total amount of Rs.66,384/- will be paid by 30 days from this day, failing which, the entire amount will carry interest @10% p.a till realization. 

The office is directed to send one copy of this judgement directly to O.P-2 and another copy toO.P-1 to comply the order strictly within 30 days from this date. If not the Forum will comply the order through Forum’s machinery.   

Let a copy of this order be served upon the parties free of cost.

                                                                                                                             

                                                            Member                                               President

 

Dictated and corrected by me

           

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the case being C.C.no. 315 of 2014 be and the same is decreed with cost of Rs.10,000/- against O.Ps.

The O.P-2 is directed to pay Rs.30,000/- and O.P-1 is directed to pay Rs.20,000/- to the complainant as compensation for his harassment and mental agony within 30 days from this date.

The O.P-3 is directed to Rs.6,384/- to the complainant within 30 days from this date.

The total amount of Rs.66,384/- will be paid by 30 days from this day, failing which, the entire amount will carry interest @10% p.a till realization. 

The office is directed to send one copy of this judgement directly to O.P-2 and another copy toO.P-1 to comply the order strictly within 30 days from this date. If not the Forum will comply the order through Forum’s machinery.  

Let a copy of this order be served upon the parties free of cost.

                                                                                                                              

                                                            Member                                               President