ISHAN CHANDRA DAS, HON’BLE PRESIDENT 

             Assailing the Order No. 12 dated 19.09.14 passed by Ld. District Consumer Disputes Redressal Forum, Howrah in HDF Case No. 294/2013,  the present Appeal has been preferred wherein Ld. Forum concerned while disposing of the complaint case instead of disposing of the same on merit, directed to return the copy of the petition of complaint to the Complainant with a liberty to re-file  the same after modifying the defects as pointed out by Ld. Forum below in the order dated 19.09.2014.

            The back ground of the instant case was that the Complainant lost her daughter Mandira Dhara , wife of Ashit Dhara of Dakshin Bari, Damjur  while she was admitted in the nursing home for delivering  a child through seizure operation on 10.11.2012. The nursing home authority , OP No.1 herein, made seizure operation and a pre-mature male baby was born . It is further case of the Complainant that after seizure and ligation operation at the nursing home of the OP No. 2, the physical condition  of the victim was seriously deteriorated whereas the patient at the time of her admission was physical fit and well and she was normal.  Deceased Mandira while living went to the nursing home of the OP No.1  for routine checkup, but she was forcibly admitted , seizure and ligation operation were done and a pre-mature male baby was born. The Complainant further stated that there was profuse bleedings and breathing trouble of the victim resulting appearance of abnormal behavior , and deterioration of her condition for which the patient was sent to  the OP No. 2/ nursing home in the midnight of 12.11.12 at 2.15 a.m. and she was transferred to ventilation without informing the patient party and subsequently on 13.11.12 on 3.30 p.m the patient died due to Cardio Respiratory Failure, as they informed  the Complainant.  The Complainant also stated that due to the lapses of medical treatment and negligence on the part of the OPs, her daughter suffered pre-mature death for which the Complainant prayed for adequate compensation to the tune of Rs. 5,00,000/- and other consequential reliefs.

          Ld. District Forum while disposing of the complaint case directed that the complaint case be returned to the Complainant with a liberty to re-file it. The alleged  incident  occurred  5 years back . The Complainant was given liberty to file the claim case  afresh inspite of the fact that the provision of the limitation which is operating the field was not considered. The Ld. Forum below while disposing of the case did not consider the fact that some necessary parties have been left out though the OP No. 2 Green View Nursing Home in the written version dated 24.10.2013 pointed out that there were some doctors who treated the patient would be made parties to the proceeding for effective adjudication of the complaint case. Hence , taking into consideration the legal impediments as pointed out in the order impugned we set aside the said order and  liberty is given to the Complainant to remove defects in her complaint case by way of amendment of the same, if she is so advised. If any responsible /errant  party whose presence is necessary for effective adjudication of the case cannot be allowed to be left out  of the proceeding and spared and accordingly we set aside the order dated 19.09.14 passed by Ld. District Consumer Disputes Redressal Forum, Howrah in HDF case No. 294/2013 with a liberty to remove defects in the plaint as well as for adding new parties whose presence would be indispensable for effective adjudication, applying the  principle of natural justice and liberty is given to the Complainant to amend the copy of the application, as pointed out above in the light of the written version filed on behalf of the opposite parties  with regard to averments in the plaint as well as for addition or exclusion of any party to the proceeding.  Ld. Forum concerned on receipt of the record shall allow the Appellant herein one month’s time to cure the defects and the OPs should be given statutory right to file their written version and shall make endeavour to dispose of the case as early as possible but the entire processes shall be completed within a period of 6 months from the date of communication of this order. With the aforesaid observation and direction the Appeal stands disposed of. Parties do bear their respective costs.