BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 4 of 2018
Sri Biswajit Deb
S/o Lt. Amulya Chandra Deb of College Road,
Hailakandi Town, P.S & Dist. Hailakandi ………………………………………… Complainant.
-V/S-
- Down Town Hospital Limited,
G.S. Road, Dispur, Guwahati-781006
(Represented by Managing Director)………………………………………… O.P No.1
- Dr. Arup Kumar Nath
C/o Down Town Hospital Ltd.,
G.S. Road, Dispur, Guwahati-781006 ………………………………………… Principal O.P No.2
- Silchar Medical College & Hospital,
Ghungoor, P.S. Silchar, Dist. Cachar
(Reparesented by its principal) ……………………………………………………Proforma O.P No.3
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Sri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Mr. A. Biswas, Advocate for the complainant.
Mr. Ratnadeep Paul, Advocate for the O.Ps.
Date of Evidence 05-06-2018, 09-07-2018
Date of written argument 02-08-2018, 21-08-2018
Date of oral argument 20-09-2018
Date of judgment 15-10-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- Sri Biswajit Deb (complainant) brought the complaint under the provision of Consumer Protection Act 1986 against Down Town Hospital Ltd. and its one officer for award of compensation for wrong treatment.
- The brief fact stated below:-
The complainant was admitted to Down Town Hospital on 27-10-2014 with ureteric and right renal calculi with complaints of abdominal pain. Accordingly, he was treated with surgery with installation of DJ stent. He was discharged on 10-11-2014 with information that DJ stent has been removed. But after some times of discharged from that hospital he experienced problems. Accordingly examined by doctor of Border Security Force and ultimately referred to Silchar Medical College and Hospital, in the month of May 2017. He visited accordingly and doctor of Silchar Medical College and Hospital detected DJ stent on ultra Sonographic of abdomen and also detected few calculi in lower pole of left kidney. On 12-06-2017 doctor SMCH advised the complainant to attend Urology Department at higher Centre. Accordingly, on 09-08-2017 he visited the outpatient department of Down Town Hospital, Guwahati and attending doctor removed the DJ stent. Due to above, the complainant felt aggrieved and prayed for compensation etc.
- The O.P in their joint W/S stated inter-alia that a DJ stent was install during treatment and also remove right kidney stone. In the discharge certificate it has been advised to attend after one month for DJ stent removal but the complainant never visited after discharge. Hence, as per the O.Ps there are no liable to any disservice etc.
- During hearing the complainant submitted his deposition including discharge certificate dated 10-11-2014 vide Ext-17. The O.P also submitted deposition of Dr. Uday Baroah and exhibited discharge certificate vide Ext-D
- I have also perused the written arguments of the Ld. Advocates of the parties and perused the relevant materials including evidence. It is clear from Ext-17 and Ext-D that the complainant was advised to attend after one month from date of discharge for DJ stent removal. But nothing found from the evidence on record that he ever attended the Down Town Hospital after one month as per advice for DJ stent removal. That is why in this case I do not find any negligence or disservice on the part of the O.P toward the complainant.
- Moreover the O.P treated the complainant for removal of kidney stone from right kidney but after 3 years the Complainant was complaint of kidney stone of left kidney. That is why, in this case I do not find any cogent ground to bring complaint against the O.Ps who actually removed stone from right kidney. Thus, in this case the complainant is not entitled any relief.
- Therefore, this case is dismissed on contest without cost. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 15th day of October 2018.
