In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No. 378/2010  .

1)                   Shri Prasanta Kumar Datta,

            A-1 Moulana Azad Sarani, City Centre,

            Durgapur-16, Dist. Burdwan.                                                       ---------- Complainant

---Versus---

1)                   Calcutta Medical Research Institute,

            7/2, Diamond Harbour Road,

            Kolkata-27,  P.S. Alipore.

2)       Dr. Mala Chattopadhyay,

Medical Superintendent, CMRI,

7/2, Diamond Harbour Road,

            Kolkata-27,  P.S. Alipore.  

3)       Dr. Subrata Dasgupta,

Attending Doctor, CMRI,

7/2, Diamond Harbour Road,

            Kolkata-27,  P.S. Alipore.     

4)       Mr. Rup Lal Somani, DGM, F&A, CMRI,

            7/2, Diamond Harbour Road,

            Kolkata-27,  P.S. Alipore.                                                                                   ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   25    Dated  10-06-2013.

          The case of the complainant in short is that complainant’s mother Smt. Sujata Kar Datta, aged about 78 years fell down from the bed on 1`0.6.10 and sustained femur bone broken injury. The complainant thereafter took his mother on 14^th June to the MissionHospital, Durgapur for treatment. Hearing about the Calcutta Medical Research Institute (CMRI), he requested the MissionHospital to discharge his mother for treatment at CMRI, Kolkata and on 17^th June she was admitted at CMRI under Dr. Subrata Dasgupta. Said Dr. Subrata Dasgupta assured that mother of he complainant would be able to walk after an operation at the broken leg within 7 days and that after removing the catheter she would be naturally cured. On such assurance, mother of the complainant was admitted in the CMRI and consent for operation was given.

            On 24.6.10 operation was carried out for which apart from the money five bottles blood of A-group has to be arranged for which the complainant suffered to extreme. Instead of 7 days the mother of the complainant was kept in the hospital for 23 days for which the complainant had to pay an amount of Rs.2,28,000/-. When the mother of the complainant was discharged, not only as assured, she could walk, but she was not in a position to sit at her own. The operated leg was swallowing and was having unbearable pain. Contrary to the assurance the catheter was not removed. After brining at home the mother of the complainant had to be admitted in the Durgapur Steel Plant Hospital for such unbearable pain and bed sore.

            The doctors at DurgapurSteelPlantHospital after examination of the x-ray before operation at CMRI and after taking a fresh x-ray the image was examined and it was disclosed that the operation has not been done correctly and that the broken bone has not joined. The plate fixed by the CMRI was also found displaced. The doctors at DSP hospital advised to shift her to some good hospital.

            On 14^th August when complainant and his wife visited the CMRI they were surprised and shocked to see that the mother of complainant was lying naked, the saline bottle was empty and nobody was there to look after, the private nurse for which payment was made was absent and in her place none was deployed. None of the hospital staff cared to see as to when the saline bottle became empty, none had arranged for her food and the patient of the nearby bed informed that the since long the saline bottle is empty and that the mother of the complainant was not given food. Immediately the matter was reported to Dr. Subrata Dasgupta. On that very night the complainant was informed that the condition of the mother of the complainant has deteriorated and she has been shifted to HDU and the complainant was asked to report at CMRI.

            Complainant states that thus the respondents o.ps. has demanded and received totally Rs.3,69,000/-. Complainant states that also the concerned respondents failed and neglected to pay any attention to the mother or the complainant and due to the gross negligence of the doctors and the concerned respondents the mother of the complainant died on 7.9.10 at CMRI. Complainant further states that even after the death of her mother the respondents were not willing to release the dead body and only after payment of Rs.20,000/- in cash, and a post dated cheque for an amount of Rs.90,000/- being cheque no.175839 dt.10.12.10 the dead body of the mother of the complainant was released. That too, the complaint had received the information at 6 a.m. on 7.9.10. Due to the Bandh Call on that day the complainant was staying in Kolkata. On receipt of information he reached CMRI at 6-30 a.m. and the dead body was released at about 3 p.m. after unbearable torture and harassment and only after receipt of the post dated cheque.

            Complainant submits that due to negligence and carelessness attitude of the o.ps. the complainant has suffered tremendous mental tension and agony. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.p. nos.1, 3 and 4 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. O.p. no.2 did not contest the case by filing w/v and matter was heard ex parte against o.p. no.2.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant’s mother Smt. Sujata Kar Datta, aged about 78 years fell down from the bed on 1`0.6.10 and sustained femur bone broken injury. The complainant thereafter took his mother on 14^th June to the MissionHospital, Durgapur for treatment. Hearing about the Calcutta Medical Research Institute (CMRI), he requested the MissionHospital to discharge his mother for treatment at CMRI, Kolkata and on 17^th June she was admitted at CMRI under Dr. Subrata Dasgupta. Said Dr. Subrata Dasgupta assured that mother of he complainant would be able to walk after an operation at the broken leg within 7 days and that after removing the catheter she would be naturally cured. On such assurance, mother of the complainant was admitted in the CMRI and consent for operation was given.

            We further find that on 24.6.10 operation was carried out for which apart from the money five bottles blood of A-group has to be arranged for which the complainant suffered to extreme. Instead of 7 days the mother of the complainant was kept in the hospital for 23 days for which the complainant had to pay an amount of Rs.2,28,000/-. When the mother of the complainant was discharged, not only as assured, she could walk, but she was not in a position to sit at her own. The operated leg was swallowing and was having unbearable pain. Contrary to the assurance the catheter was not removed. After brining at home the mother of the complainant had to be admitted in the Durgapur Steel Plant Hospital for such unbearable pain and bed sore.

            It is seen from the record that the doctors at Durgapur Steel Plant Hospital after examination of the x-ray before operation at CMRI and after taking a fresh x-ray the image was examined and it was disclosed that the operation has not been done correctly and that the broken bone has not joined. The plate fixed by the CMRI was also found displaced. The doctors at DSP hospital advised to shift her to some good hospital.

            It is also seen that on 14^th August when complainant and his wife visited the CMRI they were surprised and shocked to see that the mother of complainant was lying naked, the saline bottle was empty and nobody was there to look after, the private nurse for which payment was made was absent and in her place none was deployed. None of the hospital staff cared to see as to when the saline bottle became empty, none had arranged for her food and the patient of the nearby bed informed that the since long the saline bottle is empty and that the mother of the complainant was not given food. Immediately the matter was reported to Dr. Subrata Dasgupta. On that very night the complainant was informed that the condition of the mother of the complainant has deteriorated and she has been shifted to HDU and the complainant was asked to report at CMRI.

            Further case of the complainant is that thus the o.ps. have demanded and received totally Rs.3,69,000/-. Complainant states that also the concerned respondents failed and neglected to pay any attention to the mother or the complainant and due to the gross negligence of the doctors and the concerned respondents the mother of the complainant died on 7.9.10 at CMRI. Complainant further states that even after the death of her mother the respondents were not willing to release the dead body and only after payment of Rs.20,000/- in cash, and a post dated cheque for an amount of Rs.90,000/- being cheque no.175839 dt.10.12.10 the dead body of the mother of the complainant was released. That too, the complaint had received the information at 6 a.m. on 7.9.10. Due to the Bandh Call on that day the complainant was staying in Kolkata. On receipt of information he reached CMRI at 6-30 a.m. and the dead body was released at about 3 p.m. after unbearable torture and harassment and only after receipt of the post dated cheque.

            It transpires from the record that due to negligence and carelessness attitude of the o.ps. the complainant has suffered tremendous mental tension and agony.

            In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest against the o.p. nos.1, 3 and 4 with cost and ex parte with cost against o.p.no.2. O.ps. are jointly and/or severally directed to pay Rs.3, 69,000/- (Rupees three lakhs sixty nine thousand) only towards the amount paid by the complainant and are further directed to pay compensation of Rs.1,25,000/- (Rupees one lakh twenty five thousand) only for harassment and mental agony and litigation cost of Rs.10000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

                        Supply certified copy of this order to the parties free of cost.